81_FR_72265 81 FR 72063 - Agency Information Collection Activities; Proposed Collection; Comment Request; Premarket Approval of Medical Devices

81 FR 72063 - Agency Information Collection Activities; Proposed Collection; Comment Request; Premarket Approval of Medical Devices

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 202 (October 19, 2016)

Page Range72063-72066
FR Document2016-25232

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

Federal Register, Volume 81 Issue 202 (Wednesday, October 19, 2016)
[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Notices]
[Pages 72063-72066]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25232]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0825]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Premarket Approval of Medical Devices

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Submit either electronic or written comments on the collection 
of information by December 19, 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'').

[[Page 72064]]

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2013-N-0825 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Premarket Approval of Medical 
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.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, Three White Flint North 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, PRAStaff@fda.hhs.gov.

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

Premarket Approval of Medical Devices--21 CFR part 814--OMB Control 
Number 0910-0231--Extension

    Under section 515 of the Federal Food, Drug, and Cosmetic Act (the 
FD&C Act) (21 U.S.C. 360e) all devices placed into class III by FDA are 
subject to premarket approval requirements. Premarket approval (PMA) is 
the process of scientific and regulatory review to ensure the safety 
and effectiveness of class III devices. An approved PMA is, in effect, 
a private license granted to the applicant for marketing a particular 
medical device. A class III device that fails to meet PMA requirements 
is considered to be adulterated under section 501(f) of the FD&C Act 21 
U.S.C. 351(f)) and cannot be marketed. Premarket approval requirements 
apply differently to preamendments devices, postamendments devices, and 
transitional class III devices.
    Manufacturers of class III preamendments devices, devices that were 
in commercial distribution before May 28, 1976, are not required to 
submit a PMA until 30 months after the issuance of a final 
classification regulation or until 90 days after the publication of a 
final regulation requiring the submission of a PMA, whichever period is 
later. FDA may allow more than 90 days after issuance of a final rule 
for submission of a PMA.
    A postamendments device is one that was first distributed 
commercially on or after May 28, 1976. Postamendments devices 
determined by FDA to be substantially equivalent to preamendments class 
III devices are subject to the same requirements as the preamendments 
devices. FDA determines substantial equivalence after reviewing an 
applicant's premarket notification submitted in accordance with section 
510(k) of the FD&C Act (21 U.S.C. 360(k)). Postamendments devices 
determined by FDA to be not substantially equivalent to either 
preamendments devices or postamendments devices classified into class I 
or II are ``new'' devices and fall automatically into class III. Before 
such devices can be marketed, they must have an approved premarket 
approval application or be must reclassified into class I or class II.
    The Food and Drug Modernization Act of 1997 (FDAMA) (Pub. L. 105-
115) was enacted on November 21, 1997, to implement revisions to the 
FD&C Act by streamlining the process of bringing safe and effective 
drugs, medical devices, and other therapies to the U.S. market. FDAMA 
added section 515(d)(6) to the FD&C Act, which provided that PMA 
supplements were required for all device changes that affect safety and 
effectiveness unless such changes are modifications to manufacturing 
procedures or method of manufacture. That type of manufacturing change 
will require a 30-day notice, or where FDA

[[Page 72065]]

finds such notice inadequate, a 135-day PMA supplement.
    The implementing regulations, contained in part 814 (21 CFR part 
814), further specify the contents of a PMA for a medical device and 
the criteria FDA will employ in approving, denying, or withdrawing 
approval of a PMA and supplements to PMAs. The regulations' purpose is 
to establish an efficient and thorough procedure for FDA's review of 
PMAs and supplements to PMAs for class III medical devices. The 
regulations facilitate the approval of PMAs and supplements to PMAs for 
devices that have been shown to be reasonably safe and effective and 
otherwise meet the statutory criteria for approval. The regulations 
also ensure the denial of PMAs and supplements to PMAs for devices that 
have not been shown to be reasonably safe and effective and that do not 
otherwise meet the statutory criteria for approval.
    The industry-wide burden estimate for PMAs is based on an FDA 
average fiscal year (FY) annual rate of receipt of PMA submissions data 
FY 2013 through 2015 and our expectation of submissions to come in the 
next few years. The burden data for PMAs is based on data provided by 
applicants by device type and cost element in an earlier study.
    Reporting Burden: The reporting burden can be broken out by certain 
sections of the PMA regulations and the FD&C Act as follows:
    Sec.  814.15(b)--Research Conducted Outside the United States. Each 
foreign study should be performed in accordance with the ``Declaration 
of Helsinki'' or the laws and regulations of the country in which the 
study was conducted. If the study was conducted in accordance with the 
laws of the country, the PMA applicant is required to explain to FDA in 
detail the differences between the laws of the country and the 
``Declaration of Helsinki.'' Based on the number of PMAs received that 
contained studies from overseas, FDA estimates that the burden estimate 
necessary to meet this requirement is 50 hours.
    Sec.  814.20--Application. Included in this requirement are the 
conduct of laboratory and clinical trials as well as the analysis, 
review, and physical preparation of the PMA application. FDA estimates 
that 35 applicants, including hospital re-manufacturers of single-use 
devices, will be affected by these requirements which are based on the 
actual average of FDA receipt of new PMA applications in FY 2013 
through 2015. FDA's estimate of the hours per response (668) was 
derived through FDA's experience and consultation with industry and 
trade associations. In addition, FDA also based its estimate on the 
results of an earlier study that accounts for the bulk of the hourly 
burden for this requirement, which is identified by applicants.
    Sec.  814.37(a) through (c) and (e)--PMA Amendments and Resubmitted 
PMAs. As part of the review process, FDA often requests the PMA 
applicant to submit additional information regarding the device 
necessary for FDA to file the PMA or to complete its review and make a 
final decision. The PMA applicant may, also on their own initiative, 
submit additional information to FDA during the review process. These 
amendments contain information ranging from additional test results, 
re-analysis of the original data set, to revised device labeling. 
Almost all PMAs received by the Agency have amendments submitted during 
the review process.
    Sec.  814.39(a)--PMA Supplements. This information collection 
includes the requirements for the range of PMA supplements (panel 
track, 180-day fee-based, 180-day non-fee based, and real-time 
supplements).
    Sec.  814.39(d)--Special PMA Supplements--Changes Being Affected. 
This type of supplement is intended to enhance the safety of the device 
or the safe use of the device. The number of PMA supplements received 
that fit this category averaged 88 per year based on the numbers 
received from FY 2013 through FY 2015. Because of the minimal data 
required to be included in this type of supplement, FDA estimates that 
the burden hours necessary to satisfy this requirement are 528 hours.
    Sec.  814.39(f)--30-Day Notice. Under section 515(d) of the FD&C 
Act, modifications to manufacturing procedures or methods of 
manufacture that affect the safety and effectiveness of a device 
subject to an approved PMA do not require submission of a PMA 
supplement under paragraph (a) of this section and are eligible to be 
the subject of a 30-day notice. A 30-day notice shall describe in 
detail the change, summarize the data or information supporting the 
change, and state that the change has been made in accordance with the 
requirements of part 820 (21 CFR part 820). The applicant may 
distribute the device 30 days after the date on which FDA receives the 
30-day notice, unless FDA notifies the applicant within 30 days from 
receipt of the notice, that it is not adequate.
    Sec.  814.82(a)(9)--Postapproval Requirements. Postapproval 
requirements concerns approved PMAs that were not reclassified and 
require a periodic report. After approval, all PMAs require a 
submission of an annual report. A majority of the submitted PMAs 
require associated postapproval studies, i.e., followup of patients 
used in clinical trials to support the PMA or additional preclinical 
information that is labor-intensive to compile and complete; the 
remaining PMAs require minimal information.
    Sec.  814.84(b)--Periodic Reports. Postapproval requirements 
described in Sec.  814.82(a)(7) require submission of an annual report 
for each approved PMA. FDA estimates that respondents will average 
about 10 hours in preparing their reports to meet this requirement. 
This estimate is based on FDA's experience and consultation with 
industry.
    Expedited or Priority Review--Section 515(d)(5) of the FD&C Act. 
FDA will provide special review, which can include expedited processing 
of a PMA application, for certain devices intended to treat or diagnose 
life threatening or irreversibly debilitating diseases or conditions. 
To receive special review, the devices must meet one of the following 
criteria:
     The device represents a breakthrough technology;
     There are no approved alternatives;
     The use of the device offers significant advantages over 
existing approved alternatives;
     Availability is in the best interest of the patients.
    Agreement Meeting--Section 520(g)(7) of the FD&C Act (21 U.S.C. 
360j(g)(7)). Applicants planning to submit a PMA may submit a written 
request to reach agreement with FDA on the key parameters of the 
investigational plan.
    Determination Meeting--Section 513(a)(3)(D) of the FD&C Act (21 
U.S.C. 360c(a)(3)(D)). Applicants planning to submit a PMA may submit a 
written request to FDA for a meeting to determine the type of 
information (valid scientific evidence) necessary to support the 
effectiveness of their device.
    Panel of Experts--Section 515(c)(3) of the FD&C Act. An original 
PMA or panel track PMA supplement is taken to an advisory panel of 
experts unless FDA determines that the information in the application 
substantially duplicates information which has previously been reviewed 
by the panel.
    Day 100 Meeting--Section 515(d)(3) of the FD&C Act. FDA must, upon 
the written request of the applicant, meet with that party within 100 
days of receipt of the filed PMA application to discuss the review 
status of the application. With the concurrence of the applicant, a 
different schedule may be established. Prior to this meeting, FDA must 
inform the applicant in writing of

[[Page 72066]]

any identified deficiencies and what information is required to correct 
those deficiencies. FDA must also promptly notify the applicant if FDA 
identifies additional deficiencies or of any additional information 
required to complete Agency review.

Recordkeeping

    Sec.  814.82(a)(5) and (a)(6)--Maintenance of Records. The 
recordkeeping burden under this section requires the maintenance of 
records, used to trace patients and the organization and indexing of 
records into identifiable files to ensure the device's continued safety 
and effectiveness. These records are required of all applicants who 
have an approved PMA.
    PMAs have been required since 1976, and there are 725 active PMAs 
that could be subject to these requirements, based on actual FDA data, 
and approximately 30 new PMAs are approved every year. The aggregate 
burden for the estimated 422 PMA holders of approved original PMAs for 
the next few years is estimated to be 7,174 hours.
    The applicant determines which records should be maintained during 
product development to document and/or substantiate the device's safety 
and effectiveness. Records required by the current good manufacturing 
practices for medical devices regulation (21 CFR part 820) may be 
relevant to a PMA review and may be submitted as part of an 
application. In individual instances, records may be required as 
conditions of approval to ensure the device's continuing safety and 
effectiveness.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
   Activity/21 CFR or FD&C Act       Number of    responses  per   Total annual   Average burden    Total hours
             section                respondents      respondent      responses     per response
----------------------------------------------------------------------------------------------------------------
Research conducted outside the                25               1              25               2              50
 United States (814.15(b))......
PMA application (814.20)........              35               1              35             668          23,380
PMA amendments and resubmitted             1,222               1           1,222             167         204,074
 PMAs (814.37(a)-(c) and (e))...
PMA supplements (814.39(a)).....             695               1             695              60          41,700
Special PMA supplement--changes               88               1              88               6             528
 being affected (814.39(d)).....
30-day notice (814.39(f)).......           1,710               1           1,710              16          27,360
Postapproval requirements                    340               1             340             135          45,900
 (814.82(a)(9)).................
Periodic reports (814.84(b))....             695               1             695              10           6,950
Agreement meeting (520(g)(7))...               1               1               1              50              50
Expedited review request                       6               1               6              10              60
 (515(d)(5) of the FD&C Act)....
Determination Meeting                          1               1               1              50              50
 (513(1)(3)(D) of the FD&C Act).
Panel meeting (515(c)(3) of the                9               1               9              30             270
 FD&C Act)......................
Day 100 meeting (515(d)(3) of                 19               1              19              10             190
 the FD&C Act)..................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         350,562
----------------------------------------------------------------------------------------------------------------
\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
                      Activity/21 CFR section                           Number of       records  per     Total annual         per          Total hours
                                                                      recordkeepers     recordkeeper       records       recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maintenance of records (814.82(a)(5) and (a)(6))...................             422                1              422               17            7,174
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


    Dated: October 13, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-25232 Filed 10-18-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                          Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices                                            72063

                                                for determining the amount of extension                   2. The date the application was                     DEPARTMENT OF HEALTH AND
                                                an applicant may receive.                               initially submitted with respect to the               HUMAN SERVICES
                                                   A regulatory review period consists of               human biological product under section
                                                two periods of time: A testing phase and                351 of the Public Health Service Act (42              Food and Drug Administration
                                                an approval phase. For human                            U.S.C. 262): May 16, 2013. FDA has
                                                biological products, the testing phase                                                                        [Docket No. FDA–2013–N–0825]
                                                                                                        verified the applicant’s claim that the
                                                begins when the exemption to permit                     biologics license application (BLA) for               Agency Information Collection
                                                the clinical investigations of the                      PLEGRIDY (BLA 125499) was initially                   Activities; Proposed Collection;
                                                biological becomes effective and runs
                                                                                                        submitted on May 16, 2013.                            Comment Request; Premarket
                                                until the approval phase begins. The
                                                                                                          3. The date the application was                     Approval of Medical Devices
                                                approval phase starts with the initial
                                                submission of an application to market                  approved: August 15, 2014. FDA has                    AGENCY:    Food and Drug Administration,
                                                the human biological product and                        verified the applicant’s claim that BLA               HHS.
                                                continues until FDA grants permission                   125499 was approved on August 15,                     ACTION:   Notice.
                                                to market the biological product.                       2014.
                                                Although only a portion of a regulatory                   This determination of the regulatory                SUMMARY:  The Food and Drug
                                                review period may count toward the                      review period establishes the maximum                 Administration (FDA) is announcing an
                                                actual amount of extension that the                     potential length of a patent extension.               opportunity for public comment on the
                                                Director of USPTO may award (for                                                                              proposed collection of certain
                                                                                                        However, the USPTO applies several
                                                example, half the testing phase must be                                                                       information by the Agency. Under the
                                                subtracted as well as any time that may                 statutory limitations in its calculations
                                                                                                        of the actual period for patent extension.            Paperwork Reduction Act of 1995 (the
                                                have occurred before the patent was                                                                           PRA), Federal Agencies are required to
                                                issued), FDA’s determination of the                     In its applications for patent extension,
                                                                                                                                                              publish notice in the Federal Register
                                                length of a regulatory review period for                this applicant seeks 1,284 days, 762
                                                                                                                                                              concerning each proposed collection of
                                                a human biological product will include                 days, or 346 days of patent term
                                                                                                                                                              information, including each proposed
                                                all of the testing phase and approval                   extension, respectively.                              extension of an existing collection of
                                                phase as specified in 35 U.S.C.                         III. Petitions                                        information, and to allow 60 days for
                                                156(g)(1)(B).                                                                                                 public comment in response to the
                                                   FDA has approved for marketing the                     Anyone with knowledge that any of                   notice. This notice solicits comments on
                                                human biologic product PLEGRIDY                         the dates as published are incorrect may              requirements for premarket approval of
                                                (peginterferon beta–1a). PLEGRIDY is                    submit either electronic or written                   medical devices.
                                                indicated for treatment of patients with                comments and ask for a redetermination                DATES: Submit either electronic or
                                                relapsing forms of multiple sclerosis.                  (see DATES). Furthermore, any interested
                                                Subsequent to this approval, the USPTO                                                                        written comments on the collection of
                                                                                                        person may petition FDA for a                         information by December 19, 2016.
                                                received patent term restoration
                                                                                                        determination regarding whether the                   ADDRESSES: You may submit comments
                                                applications for PLEGRIDY (U.S. Patent
                                                Nos. 7,446,173; 8,017,733; and                          applicant for extension acted with due                as follows:
                                                8,524,660) from Biogen Idec MA Inc.,                    diligence during the regulatory review
                                                                                                        period. To meet its burden, the petition              Electronic Submissions
                                                and the USPTO requested FDA’s
                                                assistance in determining the patents’                  must be timely (see DATES) and contain                  Submit electronic comments in the
                                                eligibility for patent term restoration. In             sufficient facts to merit an FDA                      following way:
                                                a letter dated October 15, 2015, FDA                    investigation. (See H. Rept. 857, part 1,               • Federal eRulemaking Portal: http://
                                                advised the USPTO that this human                       98th Cong., 2d sess., pp. 41–42, 1984.)               www.regulations.gov. Follow the
                                                biological product had undergone a                      Petitions should be in the format                     instructions for submitting comments.
                                                regulatory review period and that the                   specified in 21 CFR 10.30.                            Comments submitted electronically,
                                                approval of PLEGRIDY represented the                                                                          including attachments, to http://
                                                                                                          Submit petitions electronically to
                                                first permitted commercial marketing or                                                                       www.regulations.gov will be posted to
                                                                                                        http://www.regulations.gov at Docket
                                                use of the product. Thereafter, the                                                                           the docket unchanged. Because your
                                                                                                        No. FDA–2013–S–0610. Submit written                   comment will be made public, you are
                                                USPTO requested that FDA determine                      petitions (two copies are required) to the
                                                the product’s regulatory review period.                                                                       solely responsible for ensuring that your
                                                                                                        Division of Dockets Management (HFA–                  comment does not include any
                                                II. Determination of Regulatory Review                  305), Food and Drug Administration,                   confidential information that you or a
                                                Period                                                  5630 Fishers Lane, Rm. 1061, Rockville,               third party may not wish to be posted,
                                                   FDA has determined that the                          MD 20852.                                             such as medical information, your or
                                                applicable regulatory review period for                   Dated: October 13, 2016.                            anyone else’s Social Security number, or
                                                PLEGRIDY is 2,643 days. Of this time,                   Leslie Kux,                                           confidential business information, such
                                                2,186 days occurred during the testing                                                                        as a manufacturing process. Please note
                                                                                                        Associate Commissioner for Policy.
                                                phase of the regulatory review period,                                                                        that if you include your name, contact
                                                                                                        [FR Doc. 2016–25222 Filed 10–18–16; 8:45 am]
                                                while 457 days occurred during the                                                                            information, or other information that
                                                approval phase. These periods of time                   BILLING CODE 4164–01–P                                identifies you in the body of your
                                                were derived from the following dates:                                                                        comments, that information will be
                                                   1. The date an exemption under                                                                             posted on http://www.regulations.gov.
sradovich on DSK3GMQ082PROD with NOTICES




                                                section 505(i) of the Federal Food, Drug,                                                                       • If you want to submit a comment
                                                and Cosmetic Act (21 U.S.C. 355(i))                                                                           with confidential information that you
                                                became effective: May 23, 2007. FDA                                                                           do not wish to be made available to the
                                                has verified the applicant’s claim that                                                                       public, submit the comment as a
                                                the date the investigational new drug                                                                         written/paper submission and in the
                                                application became effective was on                                                                           manner detailed (see ‘‘Written/Paper
                                                May 23, 2007.                                                                                                 Submissions’’ and ‘‘Instructions’’).


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                                                72064                     Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices

                                                Written/Paper Submissions                                  Docket: For access to the docket to                placed into class III by FDA are subject
                                                                                                        read background documents or the                      to premarket approval requirements.
                                                   Submit written/paper submissions as                  electronic and written/paper comments                 Premarket approval (PMA) is the
                                                follows:                                                received, go to http://                               process of scientific and regulatory
                                                   • Mail/Hand delivery/Courier (for                    www.regulations.gov and insert the                    review to ensure the safety and
                                                written/paper submissions): Division of                 docket number, found in brackets in the               effectiveness of class III devices. An
                                                Dockets Management (HFA–305), Food                      heading of this document, into the                    approved PMA is, in effect, a private
                                                and Drug Administration, 5630 Fishers                   ‘‘Search’’ box and follow the prompts                 license granted to the applicant for
                                                Lane, Rm. 1061, Rockville, MD 20852.                    and/or go to the Division of Dockets                  marketing a particular medical device.
                                                   • For written/paper comments                         Management, 5630 Fishers Lane, Rm.                    A class III device that fails to meet PMA
                                                submitted to the Division of Dockets                    1061, Rockville, MD 20852.                            requirements is considered to be
                                                Management, FDA will post your                          FOR FURTHER INFORMATION CONTACT: FDA                  adulterated under section 501(f) of the
                                                comment, as well as any attachments,                    PRA Staff, Office of Operations, Food                 FD&C Act 21 U.S.C. 351(f)) and cannot
                                                except for information submitted,                       and Drug Administration, Three White                  be marketed. Premarket approval
                                                marked and identified, as confidential,                 Flint North 10A–12M, 11601                            requirements apply differently to
                                                if submitted as detailed in                             Landsdown St., North Bethesda, MD                     preamendments devices,
                                                ‘‘Instructions.’’                                       20852, PRAStaff@fda.hhs.gov.                          postamendments devices, and
                                                   Instructions: All submissions received                                                                     transitional class III devices.
                                                                                                        SUPPLEMENTARY INFORMATION: Under the
                                                must include the Docket No. FDA–                                                                                 Manufacturers of class III
                                                                                                        PRA (44 U.S.C. 3501–3520), Federal                    preamendments devices, devices that
                                                2013–N–0825 for ‘‘Agency Information                    Agencies must obtain approval from the
                                                Collection Activities; Proposed                                                                               were in commercial distribution before
                                                                                                        Office of Management and Budget                       May 28, 1976, are not required to submit
                                                Collection; Comment Request;                            (OMB) for each collection of
                                                Premarket Approval of Medical                                                                                 a PMA until 30 months after the
                                                                                                        information they conduct or sponsor.                  issuance of a final classification
                                                Devices’’ Received comments will be                     ‘‘Collection of information’’ is defined
                                                placed in the docket and, except for                                                                          regulation or until 90 days after the
                                                                                                        in 44 U.S.C. 3502(3) and 5 CFR                        publication of a final regulation
                                                those submitted as ‘‘Confidential                       1320.3(c) and includes Agency requests
                                                Submissions,’’ publicly viewable at                                                                           requiring the submission of a PMA,
                                                                                                        or requirements that members of the                   whichever period is later. FDA may
                                                http://www.regulations.gov or at the                    public submit reports, keep records, or
                                                Division of Dockets Management                                                                                allow more than 90 days after issuance
                                                                                                        provide information to a third party.                 of a final rule for submission of a PMA.
                                                between 9 a.m. and 4 p.m., Monday                       Section 3506(c)(2)(A) of the PRA (44                     A postamendments device is one that
                                                through Friday.                                         U.S.C. 3506(c)(2)(A)) requires Federal                was first distributed commercially on or
                                                   • Confidential Submissions—To                        Agencies to provide a 60-day notice in                after May 28, 1976. Postamendments
                                                submit a comment with confidential                      the Federal Register concerning each                  devices determined by FDA to be
                                                information that you do not wish to be                  proposed collection of information,                   substantially equivalent to
                                                made publicly available, submit your                    including each proposed extension of an               preamendments class III devices are
                                                comments only as a written/paper                        existing collection of information,                   subject to the same requirements as the
                                                submission. You should submit two                       before submitting the collection to OMB               preamendments devices. FDA
                                                copies total. One copy will include the                 for approval. To comply with this                     determines substantial equivalence after
                                                information you claim to be confidential                requirement, FDA is publishing notice                 reviewing an applicant’s premarket
                                                with a heading or cover note that states                of the proposed collection of                         notification submitted in accordance
                                                ‘‘THIS DOCUMENT CONTAINS                                information set forth in this document.               with section 510(k) of the FD&C Act (21
                                                CONFIDENTIAL INFORMATION.’’ The                            With respect to the following                      U.S.C. 360(k)). Postamendments devices
                                                Agency will review this copy, including                 collection of information, FDA invites                determined by FDA to be not
                                                the claimed confidential information, in                comments on these topics: (1) Whether                 substantially equivalent to either
                                                its consideration of comments. The                      the proposed collection of information                preamendments devices or
                                                second copy, which will have the                        is necessary for the proper performance               postamendments devices classified into
                                                claimed confidential information                        of FDA’s functions, including whether                 class I or II are ‘‘new’’ devices and fall
                                                redacted/blacked out, will be available                 the information will have practical                   automatically into class III. Before such
                                                for public viewing and posted on http://                utility; (2) the accuracy of FDA’s                    devices can be marketed, they must
                                                www.regulations.gov. Submit both                        estimate of the burden of the proposed                have an approved premarket approval
                                                copies to the Division of Dockets                       collection of information, including the              application or be must reclassified into
                                                Management. If you do not wish your                     validity of the methodology and                       class I or class II.
                                                name and contact information to be                      assumptions used; (3) ways to enhance                    The Food and Drug Modernization
                                                made publicly available, you can                        the quality, utility, and clarity of the              Act of 1997 (FDAMA) (Pub. L. 105–115)
                                                provide this information on the cover                   information to be collected; and (4)                  was enacted on November 21, 1997, to
                                                sheet and not in the body of your                       ways to minimize the burden of the                    implement revisions to the FD&C Act by
                                                comments and you must identify this                     collection of information on                          streamlining the process of bringing safe
                                                information as ‘‘confidential.’’ Any                    respondents, including through the use                and effective drugs, medical devices,
                                                information marked as ‘‘confidential’’                  of automated collection techniques,                   and other therapies to the U.S. market.
                                                will not be disclosed except in                         when appropriate, and other forms of                  FDAMA added section 515(d)(6) to the
                                                accordance with 21 CFR 10.20 and other                                                                        FD&C Act, which provided that PMA
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                                                                                                        information technology.
                                                applicable disclosure law. For more                                                                           supplements were required for all
                                                information about FDA’s posting of                      Premarket Approval of Medical                         device changes that affect safety and
                                                comments to public dockets, see 80 FR                   Devices—21 CFR part 814—OMB                           effectiveness unless such changes are
                                                56469, September 18, 2015, or access                    Control Number 0910–0231—Extension                    modifications to manufacturing
                                                the information at: http://www.fda.gov/                   Under section 515 of the Federal                    procedures or method of manufacture.
                                                regulatoryinformation/dockets/                          Food, Drug, and Cosmetic Act (the                     That type of manufacturing change will
                                                default.htm.                                            FD&C Act) (21 U.S.C. 360e) all devices                require a 30-day notice, or where FDA


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                                                                          Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices                                            72065

                                                finds such notice inadequate, a 135-day                 industry and trade associations. In                   PMAs require a submission of an annual
                                                PMA supplement.                                         addition, FDA also based its estimate on              report. A majority of the submitted
                                                   The implementing regulations,                        the results of an earlier study that                  PMAs require associated postapproval
                                                contained in part 814 (21 CFR part 814),                accounts for the bulk of the hourly                   studies, i.e., followup of patients used in
                                                further specify the contents of a PMA                   burden for this requirement, which is                 clinical trials to support the PMA or
                                                for a medical device and the criteria                   identified by applicants.                             additional preclinical information that
                                                FDA will employ in approving, denying,                    § 814.37(a) through (c) and (e)—PMA                 is labor-intensive to compile and
                                                or withdrawing approval of a PMA and                    Amendments and Resubmitted PMAs.                      complete; the remaining PMAs require
                                                supplements to PMAs. The regulations’                   As part of the review process, FDA often              minimal information.
                                                purpose is to establish an efficient and                requests the PMA applicant to submit                     § 814.84(b)—Periodic Reports.
                                                thorough procedure for FDA’s review of                  additional information regarding the                  Postapproval requirements described in
                                                PMAs and supplements to PMAs for                        device necessary for FDA to file the                  § 814.82(a)(7) require submission of an
                                                class III medical devices. The                          PMA or to complete its review and                     annual report for each approved PMA.
                                                regulations facilitate the approval of                  make a final decision. The PMA                        FDA estimates that respondents will
                                                PMAs and supplements to PMAs for                        applicant may, also on their own                      average about 10 hours in preparing
                                                devices that have been shown to be                      initiative, submit additional information             their reports to meet this requirement.
                                                reasonably safe and effective and                       to FDA during the review process.                     This estimate is based on FDA’s
                                                otherwise meet the statutory criteria for               These amendments contain information                  experience and consultation with
                                                approval. The regulations also ensure                   ranging from additional test results, re-             industry.
                                                the denial of PMAs and supplements to                   analysis of the original data set, to                    Expedited or Priority Review—Section
                                                PMAs for devices that have not been                     revised device labeling. Almost all                   515(d)(5) of the FD&C Act. FDA will
                                                shown to be reasonably safe and                         PMAs received by the Agency have                      provide special review, which can
                                                effective and that do not otherwise meet                amendments submitted during the                       include expedited processing of a PMA
                                                the statutory criteria for approval.                    review process.                                       application, for certain devices intended
                                                   The industry-wide burden estimate                      § 814.39(a)—PMA Supplements. This                   to treat or diagnose life threatening or
                                                for PMAs is based on an FDA average                     information collection includes the                   irreversibly debilitating diseases or
                                                fiscal year (FY) annual rate of receipt of              requirements for the range of PMA                     conditions. To receive special review,
                                                PMA submissions data FY 2013 through                    supplements (panel track, 180-day fee-                the devices must meet one of the
                                                2015 and our expectation of                             based, 180-day non-fee based, and real-               following criteria:
                                                submissions to come in the next few                     time supplements).                                       • The device represents a
                                                years. The burden data for PMAs is                        § 814.39(d)—Special PMA                             breakthrough technology;
                                                based on data provided by applicants by                 Supplements—Changes Being Affected.                      • There are no approved alternatives;
                                                device type and cost element in an                      This type of supplement is intended to                   • The use of the device offers
                                                earlier study.                                          enhance the safety of the device or the               significant advantages over existing
                                                   Reporting Burden: The reporting                      safe use of the device. The number of                 approved alternatives;
                                                burden can be broken out by certain                     PMA supplements received that fit this                   • Availability is in the best interest of
                                                sections of the PMA regulations and the                 category averaged 88 per year based on                the patients.
                                                FD&C Act as follows:                                    the numbers received from FY 2013                        Agreement Meeting—Section 520(g)(7)
                                                   § 814.15(b)—Research Conducted                       through FY 2015. Because of the                       of the FD&C Act (21 U.S.C. 360j(g)(7)).
                                                Outside the United States. Each foreign                 minimal data required to be included in               Applicants planning to submit a PMA
                                                study should be performed in                            this type of supplement, FDA estimates                may submit a written request to reach
                                                accordance with the ‘‘Declaration of                    that the burden hours necessary to                    agreement with FDA on the key
                                                Helsinki’’ or the laws and regulations of               satisfy this requirement are 528 hours.               parameters of the investigational plan.
                                                the country in which the study was                        § 814.39(f)—30-Day Notice. Under                       Determination Meeting—Section
                                                conducted. If the study was conducted                   section 515(d) of the FD&C Act,                       513(a)(3)(D) of the FD&C Act (21 U.S.C.
                                                in accordance with the laws of the                      modifications to manufacturing                        360c(a)(3)(D)). Applicants planning to
                                                country, the PMA applicant is required                  procedures or methods of manufacture                  submit a PMA may submit a written
                                                to explain to FDA in detail the                         that affect the safety and effectiveness of           request to FDA for a meeting to
                                                differences between the laws of the                     a device subject to an approved PMA do                determine the type of information (valid
                                                country and the ‘‘Declaration of                        not require submission of a PMA                       scientific evidence) necessary to support
                                                Helsinki.’’ Based on the number of                      supplement under paragraph (a) of this                the effectiveness of their device.
                                                PMAs received that contained studies                    section and are eligible to be the subject               Panel of Experts—Section 515(c)(3) of
                                                from overseas, FDA estimates that the                   of a 30-day notice. A 30-day notice shall             the FD&C Act. An original PMA or
                                                burden estimate necessary to meet this                  describe in detail the change,                        panel track PMA supplement is taken to
                                                requirement is 50 hours.                                summarize the data or information                     an advisory panel of experts unless FDA
                                                   § 814.20—Application. Included in                    supporting the change, and state that the             determines that the information in the
                                                this requirement are the conduct of                     change has been made in accordance                    application substantially duplicates
                                                laboratory and clinical trials as well as               with the requirements of part 820 (21                 information which has previously been
                                                the analysis, review, and physical                      CFR part 820). The applicant may                      reviewed by the panel.
                                                preparation of the PMA application.                     distribute the device 30 days after the                  Day 100 Meeting—Section 515(d)(3)
                                                FDA estimates that 35 applicants,                       date on which FDA receives the 30-day                 of the FD&C Act. FDA must, upon the
                                                including hospital re-manufacturers of                                                                        written request of the applicant, meet
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                                                                                                        notice, unless FDA notifies the
                                                single-use devices, will be affected by                 applicant within 30 days from receipt of              with that party within 100 days of
                                                these requirements which are based on                   the notice, that it is not adequate.                  receipt of the filed PMA application to
                                                the actual average of FDA receipt of new                  § 814.82(a)(9)—Postapproval                         discuss the review status of the
                                                PMA applications in FY 2013 through                     Requirements. Postapproval                            application. With the concurrence of the
                                                2015. FDA’s estimate of the hours per                   requirements concerns approved PMAs                   applicant, a different schedule may be
                                                response (668) was derived through                      that were not reclassified and require a              established. Prior to this meeting, FDA
                                                FDA’s experience and consultation with                  periodic report. After approval, all                  must inform the applicant in writing of


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                                                72066                              Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices

                                                any identified deficiencies and what                                       into identifiable files to ensure the                                          The applicant determines which
                                                information is required to correct those                                   device’s continued safety and                                               records should be maintained during
                                                deficiencies. FDA must also promptly                                       effectiveness. These records are required                                   product development to document and/
                                                notify the applicant if FDA identifies                                     of all applicants who have an approved                                      or substantiate the device’s safety and
                                                additional deficiencies or of any                                          PMA.                                                                        effectiveness. Records required by the
                                                additional information required to                                            PMAs have been required since 1976,                                      current good manufacturing practices
                                                complete Agency review.                                                    and there are 725 active PMAs that                                          for medical devices regulation (21 CFR
                                                                                                                           could be subject to these requirements,                                     part 820) may be relevant to a PMA
                                                Recordkeeping
                                                                                                                           based on actual FDA data, and                                               review and may be submitted as part of
                                                  § 814.82(a)(5) and (a)(6)—                                               approximately 30 new PMAs are                                               an application. In individual instances,
                                                Maintenance of Records. The                                                approved every year. The aggregate                                          records may be required as conditions of
                                                recordkeeping burden under this section                                    burden for the estimated 422 PMA                                            approval to ensure the device’s
                                                requires the maintenance of records,                                       holders of approved original PMAs for                                       continuing safety and effectiveness.
                                                used to trace patients and the                                             the next few years is estimated to be                                          FDA estimates the burden of this
                                                organization and indexing of records                                       7,174 hours.                                                                collection of information as follows:

                                                                                                              TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                          Number of                                                Average
                                                                                                                                               Number of                   responses                Total annual
                                                                Activity/21 CFR or FD&C Act section                                                                                                                              burden per              Total hours
                                                                                                                                              respondents                     per                    responses                    response
                                                                                                                                                                          respondent

                                                Research conducted outside the United States (814.15(b))                                                         25                          1                         25                         2                50
                                                PMA application (814.20) ....................................................                                    35                          1                         35                       668            23,380
                                                PMA amendments and resubmitted PMAs (814.37(a)–(c)
                                                  and (e)) .............................................................................                    1,222                            1                    1,222                        167           204,074
                                                PMA supplements (814.39(a)) .............................................                                     695                            1                      695                         60            41,700
                                                Special PMA supplement—changes being affected
                                                  (814.39(d)) ........................................................................                         88                            1                       88                          6                528
                                                30-day notice (814.39(f)) .....................................................                             1,710                            1                    1,710                         16             27,360
                                                Postapproval requirements (814.82(a)(9)) ...........................                                          340                            1                      340                        135             45,900
                                                Periodic reports (814.84(b)) .................................................                                695                            1                      695                         10              6,950
                                                Agreement meeting (520(g)(7)) ...........................................                                       1                            1                        1                         50                 50
                                                Expedited review request (515(d)(5) of the FD&C Act) ......                                                     6                            1                        6                         10                 60
                                                Determination Meeting (513(1)(3)(D) of the FD&C Act) ......                                                     1                            1                        1                         50                 50
                                                Panel meeting (515(c)(3) of the FD&C Act) ........................                                              9                            1                        9                         30                270
                                                Day 100 meeting (515(d)(3) of the FD&C Act) ...................                                                19                            1                       19                         10                190

                                                      Total ..............................................................................   ........................   ........................   ........................   ........................       350,562
                                                   1 There     are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                                         TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                                          Number of                                              Average
                                                                                                                                               Number of                    records                 Total annual
                                                                          Activity/21 CFR section                                                                                                                               burden per               Total hours
                                                                                                                                             recordkeepers                    per                     records                 recordkeeping
                                                                                                                                                                         recordkeeper

                                                Maintenance of records (814.82(a)(5) and (a)(6)) ...............                                     422                          1                        422                         17                  7,174
                                                   1 There     are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  Dated: October 13, 2016.                                                 ACTION:       Notice.                                                       Secretary for Health (ASH), on a broad
                                                Leslie Kux,                                                                                                                                            range of issues and topics related to
                                                Associate Commissioner for Policy.                                           Authority: 42 U.S.C. 217a, Section 222 of                                 myalgic encephalomyelitis/chronic
                                                [FR Doc. 2016–25232 Filed 10–18–16; 8:45 am]                               the Public Health Service Act, as amended.                                  fatigue syndrome (ME/CFS). The
                                                BILLING CODE 4164–01–P
                                                                                                                           The Committee is governed by the provisions                                 appointments of two Committee
                                                                                                                           of Public Law 92–463, as amended (5 U.S.C.                                  members are scheduled to end during
                                                                                                                           App. 2), which sets forth standards for the                                 the 2016 calendar year. Nominations of
                                                                                                                           formation and use of advisory committees.                                   qualified candidates are being sought to
                                                DEPARTMENT OF HEALTH AND
                                                HUMAN SERVICES                                                             SUMMARY:   The Office of the Assistant                                      fill the positions that are scheduled to
                                                                                                                           Secretary for Health (OASH), within the                                     be vacated.
                                                Solicitation for Applications From                                                                                                                     DATES: Applications for individuals to
                                                                                                                           Department of Health and Human
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                                                Individuals Interested in Being                                                                                                                        be considered for appointment to the
                                                                                                                           Services (HHS), is seeking nominations
                                                Appointed to the Chronic Fatigue                                                                                                                       Committee must be received no later
                                                                                                                           of qualified candidates to be considered
                                                Syndrome Advisory Committee                                                                                                                            than 5 p.m. EDT on November 18, 2016
                                                                                                                           for appointment as members of the
                                                AGENCY:  Department of Health and                                          Chronic Fatigue Syndrome Advisory                                           at the address listed below.
                                                Human Services, Office of the Secretary,                                   Committee (CFSAC). CFSAC provides                                           ADDRESSES: All nominations should be
                                                Office of the Assistant Secretary for                                      advice and recommendations to the                                           mailed or delivered to Commander,
                                                Health.                                                                    Secretary of HHS, through the Assistant                                     (CDR) Gustavo Seinos, MPH, Designated


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Document Created: 2016-10-19 02:12:09
Document Modified: 2016-10-19 02:12:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by December 19, 2016.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, Three White Flint North 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, [email protected]
FR Citation81 FR 72063 

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