82_FR_48716 82 FR 48516 - Agency Information Collection Activities; Proposed Collection; Comment Request; Medical Devices; Device Tracking

82 FR 48516 - Agency Information Collection Activities; Proposed Collection; Comment Request; Medical Devices; Device Tracking

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 200 (October 18, 2017)

Page Range48516-48519
FR Document2017-22550

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (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 information collection requirements for the tracking of medical devices.

Federal Register, Volume 82 Issue 200 (Wednesday, October 18, 2017)
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Pages 48516-48519]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22550]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-5569]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Medical Devices; Device Tracking

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is

[[Page 48517]]

announcing an opportunity for public comment on the proposed collection 
of certain information by the Agency. Under the Paperwork Reduction Act 
of 1995 (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 information collection 
requirements for the tracking of medical devices.

DATES: Submit either electronic or written comments on the collection 
of information by December 18, 2017.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before December 18, 2017. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of December 18, 2017. Comments 
received by mail/hand delivery/courier (for written/paper submissions) 
will be considered timely if they are postmarked or the delivery 
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://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 https://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): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, 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-2017-N-5569 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Medical Devices; Device 
Tracking.'' Received comments, those filed in a timely manner (see 
ADDRESSES), will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff 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 https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. 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: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://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 Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A63, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-8867, 
[email protected].

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

Medical Devices; Device Tracking--21 CFR Part 821

OMB Control Number 0910-0442--Extension

    Section 211 of the Food and Drug Administration Modernization Act 
of 1997 (FDAMA) (Pub. L. 105-115) became effective on February 19, 
1998. FDAMA amended the previous medical device tracking provisions 
under section 519(e)(1) and (2) of the Federal Food,

[[Page 48518]]

Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360i(e)(1) and (2)) 
that were added by the Safe Medical Devices Act of 1990 (SMDA) (Pub. L. 
101-629). Unlike the tracking provisions under SMDA, which required 
tracking of any medical device meeting certain criteria, FDAMA allows 
FDA discretion in applying tracking provisions to medical devices 
meeting certain criteria and provides that tracking requirements for 
medical devices can be imposed only after FDA issues an order. In the 
Federal Register of February 8, 2002 (67 FR 5943), FDA issued a final 
rule that conformed existing tracking regulations to changes in 
tracking provisions effected by FDAMA under part 821 (21 CFR part 821).
    Section 519(e)(1) of the FD&C Act, as amended by FDAMA, provides 
that FDA may require by order that a manufacturer adopt a method for 
tracking a class II or III medical device, if the device meets one of 
the three following criteria: (1) The failure of the device would be 
reasonably likely to have serious adverse health consequences, (2) the 
device is intended to be implanted in the human body for more than 1 
year (referred to as a ``tracked implant''), or (3) the device is life-
sustaining or life-supporting (referred to as a ``tracked l/s-l/s 
device'') and is used outside a device user facility.
    Tracked device information is collected to facilitate identifying 
the current location of medical devices and patients possessing those 
devices, to the extent that patients permit the collection of 
identifying information. Manufacturers and FDA (where necessary) use 
the data to: (1) Expedite the recall of distributed medical devices 
that are dangerous or defective and (2) facilitate the timely 
notification of patients or licensed practitioners of the risks 
associated with the medical device.
    In addition, the regulations include provisions for: (1) Exemptions 
and variances; (2) system and content requirements for tracking; (3) 
obligations of persons other than device manufacturers, e.g., 
distributors; (4) records and inspection requirements; (5) 
confidentiality; and (6) record retention requirements.
    Respondents for this collection of information are medical device 
manufacturers, importers, and distributors of tracked implants or 
tracked l/s-l/s devices used outside a device user facility. 
Distributors include multiple and final distributors, including 
hospitals.
    The annual hourly burden for respondents involved with medical 
device tracking is estimated to be 615,380 hours per year. The burden 
estimates cited in tables 1 through 3 are based on the number of device 
tracking orders issued in the last 3 years, an average of 12 tracking 
orders annually. FDA estimates that approximately 22,000 respondents 
may be subject to tracking reporting requirements.
    Under Sec.  821.25(a), device manufacturers subject to FDA tracking 
orders must adopt a tracking method which can provide certain device, 
patient, and distributor information to FDA within 3 to 10 working 
days. Assuming one occurrence per year, FDA estimates it would take a 
firm 20 hours to provide FDA with location data for all tracked devices 
and 56 hours to identify all patients and/or multiple distributors 
possessing tracked devices.
    Under Sec.  821.25(d) manufacturers must notify FDA of distributor 
noncompliance with reporting requirements. Based on the number of 
audits manufacturers conduct annually, FDA estimates it would receive 
no more than one notice in any year, and that it would take 1 hour per 
incident.
    Under Sec.  821.30(c)(2), multiple distributors must provide data 
on current users of tracked devices, current device locations, and 
other information, upon request from a manufacturer or FDA. FDA has not 
made such a request and is not aware of any manufacturer making a 
request. Assuming one multiple distributor receives one request in a 
year from either a manufacturer or FDA, and that lists may be generated 
electronically, the Agency estimates a burden of 1 hour to comply.
    Under Sec.  821.30(d) distributors must verify data or make 
required records available for auditing, if a manufacturer provides a 
written request. FDA's estimate of the burden for distributor audit 
responses assumes that manufacturers audit database entries for 5 
percent of tracked devices distributed. Each audited database entry 
prompts one distributor audit response. Because lists may be generated 
electronically, FDA estimates a burden of 1 hour to comply.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
     Activity/21 CFR section         Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Discontinuation of business--                  1               1               1               1               1
 821.1(d).......................
Exemption or variance--821.2 and               1               1               1               1               1
 821.30(e)......................
Notification of failure to                     1               1               1               1               1
 comply--821.25(d)..............
Multiple distributor data--                    1               1               1               1               1
 821.30(c)(2)...................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............               4
----------------------------------------------------------------------------------------------------------------
\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
----------------------------------------------------------------------------------------------------------------
Tracking information--821.25(a).              12               1              12              76             912
Record of tracking data--                     12          46,260         555,120               1         555,120
 821.25(b)......................
Standard operating procedures--               12               1              12              63             756
 821.25(c) \2\..................
Manufacturer data audit--                     12           1,124          13,488               1          13,488
 821.25(c)(3)...................
Multiple distributor data and             22,000               1          22,000               1          22,000
 distributor tracking records--
 821.30(c)(2) and (d)...........
                                 -------------------------------------------------------------------------------

[[Page 48519]]

 
    Total.......................  ..............  ..............  ..............  ..............         592,276
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ One-time burden.


                           Table 3--Estimated Annual Third-Party Disclosure Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
     Activity/21 CFR section         Number of      disclosures    Total annual   Average burden    Total hours
                                    respondents   per respondent    disclosures   per disclosure
----------------------------------------------------------------------------------------------------------------
Acquisition of tracked devices            22,000               1          22,000               1          22,000
 and final distributor data--
 821.30(a) and (b)..............
Multiple distributor data and              1,100               1           1,100               1           1,100
 distributor tracking records--
 821.30(c)(2) and (d)...........
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          23,100
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The burden estimate for this information collection has not changed 
since the last OMB approval.
    This document also refers to previously approved collections of 
information found in FDA regulations. These collections of information 
are subject to review by the Office of Management and Budget under the 
PRA (44 U.S.C. 3501-3520). The collections of information found in 
Sec. Sec.  821.2(b), 821.25(e), and 821.30(e) have been approved under 
OMB control number 0910-0191.

    Dated: October 11, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-22550 Filed 10-17-17; 8:45 am]
 BILLING CODE 4164-01-P



                                               48516                     Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices

                                               the docket number, found in brackets in                 judge, or perform a regulatory function               sciencecareeropportunities/
                                               the heading of this document, into the                  (e.g., compliance inspection), but rather,            ucm380676.htm.
                                               ‘‘Search’’ box and follow the prompts                   they are an opportunity to provide
                                                                                                                                                             B. Site Selection
                                               and/or go to the Dockets Management                     CDRH and other FDA staff a better
                                               Staff, 5630 Fishers Lane, Rm. 1061,                     understanding of the products they                      CDRH and FDA will be responsible
                                               Rockville, MD 20852.                                    review, how they are developed, the                   for its own staff travel expenses
                                               FOR FURTHER INFORMATION CONTACT:                        voice of the patient, challenges related              associated with the site visits. CDRH
                                               Christian Hussong, Center for Devices                   to quality systems development and                    and FDA will not provide funds to
                                               and Radiological Health, Food and Drug                  management in the product life cycle,                 support the training provided by the site
                                               Administration, 10903 New Hampshire                     and how medical devices fit into the                  to the ELP. Selection of potential
                                               Ave., Bldg. 32, Rm. 5261, Silver Spring,                larger health care system. CDRH is                    facilities will be based on CDRH and
                                               MD 20993–0002, 240–402–2246,                            formally requesting participation from                FDA’s priorities for staff training and
                                               Christian.Hussong@fda.hhs.gov or ELP                    industry, academia, and clinical                      resources available to fund this
                                               Management, ELP@fda.hhs.gov.                            facilities, medical device incubators and             program. In addition to logistical and
                                                                                                       accelerators, health technology                       other resource factors, all sites must
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       assessment groups, and those that have                have a successful compliance record
                                               I. Background                                           previously participated in the ELP or                 with FDA or another Agency with
                                                                                                       other FDA site visit programs.                        which FDA has a memorandum of
                                                  CDRH is responsible for ensuring the
                                                                                                          Additional information regarding the               understanding (if applicable). If a site
                                               safety and effectiveness of medical
                                                                                                       CDRH ELP, including the table of areas                visit involves a visit to a separate
                                               devices marketed in the United States.
                                                                                                       of interest, submission dates, a sample               physical location of another firm under
                                               Additionally, CDRH assures patients
                                                                                                       request, and an example of the site visit             contract with the site, that firm must
                                               and providers have timely and
                                                                                                       agenda, is available on CDRH’s Web site               agree to participate in the ELP and must
                                               continued access to high-quality, safe,
                                                                                                       at: https://www.fda.gov/                              also have a satisfactory compliance
                                               and effective medical devices. Since
                                                                                                       scienceresearch/                                      history, and must be listed in the
                                               CDRH has identified Partnering with
                                                                                                       sciencecareeropportunities/                           proposal along with a Facility
                                               Patients and Promoting a Culture of
                                                                                                       ucm380676.htm.                                        Establishment Identifier number, if
                                               Quality and Organizational Excellence
                                                                                                                                                             applicable.
                                               as strategic priorities, for the 2018 ELP,
                                                                                                       II. CDRH ELP
                                               our goal is to specifically understand                                                                        III. Request To Participate
                                               the perspective of our stakeholders and                 A. Areas of Interest                                     Information regarding the CDRH ELP,
                                               understand implementation of these                                                                            including a sample request and an
                                               topics within their institutions. The                      In the ELP training program, groups of
                                                                                                       CDRH and other FDA staff will observe                 example of a site visit agenda, and
                                               Center encourages applicants to                                                                               submission dates is available on CDRH’s
                                               consider including opportunities to                     operations in the areas of research,
                                                                                                       device development, in making                         Web site at: https://www.fda.gov/
                                               discuss patient perspective and                                                                               scienceresearch/
                                               incorporating quality system design and                 coverage decisions and assessments,
                                                                                                       incorporating patient information and                 sciencecareeropportunities/
                                               management in their proposals as they                                                                         ucm380676.htm. Proposals to
                                               contribute to the success of the device                 reimbursement, manufacturing, and
                                                                                                       health care facilities. The areas of                  participate should be submitted to ELP@
                                               development life cycle.                                                                                       fda.hhs.gov, within the dates provided,
                                                  CDRH is committed to advancing                       interest for visits include various topics
                                                                                                       identified by managers at CDRH and                    at the ELP Web site at https://
                                               regulatory science, providing industry                                                                        www.fda.gov/scienceresearch/
                                               with predictable, consistent,                           other areas within FDA. These areas of
                                                                                                       interest are listed on the ELP Web site               sciencecareeropportunities/
                                               transparent, and efficient regulatory                                                                         ucm380676.htm.
                                               pathways, and helping to ensure                         and are intended to be updated
                                               consumer confidence in medical                          quarterly.                                              Dated: October 13, 2017.
                                               devices marketed in the United States                      To submit a proposal addressing one                Anna K. Abram,
                                               and throughout the world. The ELP is                    of the Center’s training needs, visit the             Deputy Commissioner for Policy, Planning,
                                               intended to provide CDRH and other                      link for the table of areas of interest at:           Legislation, and Analysis.
                                               FDA staff with an opportunity to                        https://www.fda.gov/ScienceResearch/                  [FR Doc. 2017–22626 Filed 10–17–17; 8:45 am]
                                               understand the laboratory and                           ScienceCareerOpportunities/                           BILLING CODE 4164–01–P
                                               manufacturing practices, quality system                 UCM380676.htm. Once you have
                                               management, patient perspective/input,                  determined an area of interest to address
                                               and other challenges and how they                       in your ELP proposal, follow the                      DEPARTMENT OF HEALTH AND
                                               impact the medical device development                   instructions in section III to complete               HUMAN SERVICES
                                               life cycle. ELP is a collaborative effort to            the site visit request template and
                                                                                                       agenda provided at: https://                          Food and Drug Administration
                                               enhance communication with our
                                               stakeholders to facilitate medical device               www.fda.gov/downloads/                                [Docket No. FDA–2017–N–5569]
                                               reviews. The Center is committed to                     ScienceResearch/
                                               understanding current industry                          ScienceCareerOpportunities/                           Agency Information Collection
                                               practices, innovative technologies,                     UCM392988.pdf and at: https://                        Activities; Proposed Collection;
                                               regulatory impacts and needs, and how                   www.fda.gov/downloads/                                Comment Request; Medical Devices;
ethrower on DSK3G9T082PROD with NOTICES




                                               patient perspective and quality systems                 ScienceResearch/                                      Device Tracking
                                               management advances the development                     ScienceCareerOpportunities/
                                                                                                                                                             AGENCY:    Food and Drug Administration,
                                               and evaluation of medical devices, and                  UCM487190.pdf.
                                                                                                                                                             HHS.
                                               to monitor the performance of marketed                     Submit all proposals at ELP@                       ACTION:   Notice.
                                               devices.                                                fda.hhs.gov within the dates provided at
                                                  These formal training visits are not                 the ELP Web site at: https://                         SUMMARY: The Food and Drug
                                               intended for FDA to inspect, assess,                    www.fda.gov/scienceresearch/                          Administration (FDA or Agency) is


                                          VerDate Sep<11>2014   17:50 Oct 17, 2017   Jkt 244001   PO 00000   Frm 00041   Fmt 4703   Sfmt 4703   E:\FR\FM\18OCN1.SGM   18OCN1


                                                                         Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices                                         48517

                                               announcing an opportunity for public                       • Mail/Hand delivery/Courier (for                  heading of this document, into the
                                               comment on the proposed collection of                   written/paper submissions): Dockets                   ‘‘Search’’ box and follow the prompts
                                               certain information by the Agency.                      Management Staff (HFA–305), Food and                  and/or go to the Dockets Management
                                               Under the Paperwork Reduction Act of                    Drug Administration, 5630 Fishers                     Staff, 5630 Fishers Lane, Rm. 1061,
                                               1995 (PRA), Federal Agencies are                        Lane, Rm. 1061, Rockville, MD 20852.                  Rockville, MD 20852.
                                               required to publish notice in the                          • For written/paper comments                       FOR FURTHER INFORMATION CONTACT:
                                               Federal Register concerning each                        submitted to the Dockets Management                   Amber Sanford, Office of Operations,
                                               proposed collection of information,                     Staff, FDA will post your comment, as                 Food and Drug Administration, Three
                                               including each proposed extension of an                 well as any attachments, except for                   White Flint North, 10A63, 11601
                                               existing collection of information, and                 information submitted, marked and                     Landsdown St., North Bethesda, MD
                                               to allow 60 days for public comment in                  identified, as confidential, if submitted             20852, 301–796–8867, PRAStaff@
                                               response to the notice. This notice                     as detailed in ‘‘Instructions.’’                      fda.hhs.gov.
                                               solicits comments on information                           Instructions: All submissions received
                                                                                                                                                             SUPPLEMENTARY INFORMATION: Under the
                                               collection requirements for the tracking                must include the Docket No. FDA–
                                                                                                       2017–N–5569 for ‘‘Agency Information                  PRA (44 U.S.C. 3501–3520), Federal
                                               of medical devices.
                                                                                                       Collection Activities; Proposed                       Agencies must obtain approval from the
                                               DATES: Submit either electronic or                                                                            Office of Management and Budget
                                               written comments on the collection of                   Collection; Comment Request; Medical
                                                                                                       Devices; Device Tracking.’’ Received                  (OMB) for each collection of
                                               information by December 18, 2017.                                                                             information they conduct or sponsor.
                                               ADDRESSES: You may submit comments
                                                                                                       comments, those filed in a timely
                                                                                                       manner (see ADDRESSES), will be placed                ‘‘Collection of information’’ is defined
                                               as follows. Please note that late,                                                                            in 44 U.S.C. 3502(3) and 5 CFR
                                               untimely filed comments will not be                     in the docket and, except for those
                                                                                                       submitted as ‘‘Confidential                           1320.3(c) and includes Agency requests
                                               considered. Electronic comments must                                                                          or requirements that members of the
                                               be submitted on or before December 18,                  Submissions,’’ publicly viewable at
                                                                                                       https://www.regulations.gov or at the                 public submit reports, keep records, or
                                               2017. The https://www.regulations.gov                                                                         provide information to a third party.
                                               electronic filing system will accept                    Dockets Management Staff between 9
                                                                                                       a.m. and 4 p.m., Monday through                       Section 3506(c)(2)(A) of the PRA (44
                                               comments until midnight Eastern Time                                                                          U.S.C. 3506(c)(2)(A)) requires Federal
                                               at the end of December 18, 2017.                        Friday.
                                                                                                          • Confidential Submissions—To                      Agencies to provide a 60-day notice in
                                               Comments received by mail/hand                                                                                the Federal Register concerning each
                                                                                                       submit a comment with confidential
                                               delivery/courier (for written/paper                                                                           proposed collection of information,
                                                                                                       information that you do not wish to be
                                               submissions) will be considered timely                                                                        including each proposed extension of an
                                                                                                       made publicly available, submit your
                                               if they are postmarked or the delivery                                                                        existing collection of information,
                                                                                                       comments only as a written/paper
                                               service acceptance receipt is on or                                                                           before submitting the collection to OMB
                                                                                                       submission. You should submit two
                                               before that date.                                                                                             for approval. To comply with this
                                                                                                       copies total. One copy will include the
                                               Electronic Submissions                                  information you claim to be confidential              requirement, FDA is publishing notice
                                                                                                       with a heading or cover note that states              of the proposed collection of
                                                 Submit electronic comments in the                                                                           information set forth in this document.
                                               following way:                                          ‘‘THIS DOCUMENT CONTAINS
                                                                                                                                                                With respect to the following
                                                 • Federal eRulemaking Portal:                         CONFIDENTIAL INFORMATION.’’ The
                                                                                                                                                             collection of information, FDA invites
                                               https://www.regulations.gov. Follow the                 Agency will review this copy, including
                                                                                                       the claimed confidential information, in              comments on these topics: (1) Whether
                                               instructions for submitting comments.                                                                         the proposed collection of information
                                               Comments submitted electronically,                      its consideration of comments. The
                                                                                                       second copy, which will have the                      is necessary for the proper performance
                                               including attachments, to https://                                                                            of FDA’s functions, including whether
                                               www.regulations.gov will be posted to                   claimed confidential information
                                                                                                       redacted/blacked out, will be available               the information will have practical
                                               the docket unchanged. Because your                                                                            utility; (2) the accuracy of FDA’s
                                               comment will be made public, you are                    for public viewing and posted on
                                                                                                       https://www.regulations.gov. Submit                   estimate of the burden of the proposed
                                               solely responsible for ensuring that your                                                                     collection of information, including the
                                               comment does not include any                            both copies to the Dockets Management
                                                                                                       Staff. If you do not wish your name and               validity of the methodology and
                                               confidential information that you or a                                                                        assumptions used; (3) ways to enhance
                                               third party may not wish to be posted,                  contact information to be made publicly
                                                                                                       available, you can provide this                       the quality, utility, and clarity of the
                                               such as medical information, your or                                                                          information to be collected; and (4)
                                               anyone else’s Social Security number, or                information on the cover sheet and not
                                                                                                       in the body of your comments and you                  ways to minimize the burden of the
                                               confidential business information, such                                                                       collection of information on
                                               as a manufacturing process. Please note                 must identify this information as
                                                                                                       ‘‘confidential.’’ Any information marked              respondents, including through the use
                                               that if you include your name, contact                                                                        of automated collection techniques,
                                               information, or other information that                  as ‘‘confidential’’ will not be disclosed
                                                                                                       except in accordance with 21 CFR 10.20                when appropriate, and other forms of
                                               identifies you in the body of your                                                                            information technology.
                                               comments, that information will be                      and other applicable disclosure law. For
                                               posted on https://www.regulations.gov.                  more information about FDA’s posting                  Medical Devices; Device Tracking—21
                                                 • If you want to submit a comment                     of comments to public dockets, see 80                 CFR Part 821
                                               with confidential information that you                  FR 56469, September 18, 2015, or access
                                                                                                       the information at: https://www.gpo.gov/              OMB Control Number 0910–0442—
                                               do not wish to be made available to the
                                                                                                       fdsys/pkg/FR-2015-09-18/pdf/2015-                     Extension
                                               public, submit the comment as a
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                                               written/paper submission and in the                     23389.pdf.                                              Section 211 of the Food and Drug
                                               manner detailed (see ‘‘Written/Paper                       Docket: For access to the docket to                Administration Modernization Act of
                                               Submissions’’ and ‘‘Instructions’’).                    read background documents or the                      1997 (FDAMA) (Pub. L. 105–115)
                                                                                                       electronic and written/paper comments                 became effective on February 19, 1998.
                                               Written/Paper Submissions                               received, go to https://                              FDAMA amended the previous medical
                                                 Submit written/paper submissions as                   www.regulations.gov and insert the                    device tracking provisions under section
                                               follows:                                                docket number, found in brackets in the               519(e)(1) and (2) of the Federal Food,


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                                               48518                              Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices

                                               Drug, and Cosmetic Act (the FD&C Act)                                      Manufacturers and FDA (where                                                Assuming one occurrence per year, FDA
                                               (21 U.S.C. 360i(e)(1) and (2)) that were                                   necessary) use the data to: (1) Expedite                                    estimates it would take a firm 20 hours
                                               added by the Safe Medical Devices Act                                      the recall of distributed medical devices                                   to provide FDA with location data for
                                               of 1990 (SMDA) (Pub. L. 101–629).                                          that are dangerous or defective and (2)                                     all tracked devices and 56 hours to
                                               Unlike the tracking provisions under                                       facilitate the timely notification of                                       identify all patients and/or multiple
                                               SMDA, which required tracking of any                                       patients or licensed practitioners of the                                   distributors possessing tracked devices.
                                               medical device meeting certain criteria,                                   risks associated with the medical                                              Under § 821.25(d) manufacturers must
                                               FDAMA allows FDA discretion in                                             device.                                                                     notify FDA of distributor
                                               applying tracking provisions to medical                                       In addition, the regulations include                                     noncompliance with reporting
                                               devices meeting certain criteria and                                       provisions for: (1) Exemptions and                                          requirements. Based on the number of
                                               provides that tracking requirements for                                    variances; (2) system and content                                           audits manufacturers conduct annually,
                                               medical devices can be imposed only                                        requirements for tracking; (3)                                              FDA estimates it would receive no more
                                               after FDA issues an order. In the Federal                                  obligations of persons other than device                                    than one notice in any year, and that it
                                               Register of February 8, 2002 (67 FR                                        manufacturers, e.g., distributors; (4)                                      would take 1 hour per incident.
                                               5943), FDA issued a final rule that                                        records and inspection requirements; (5)                                       Under § 821.30(c)(2), multiple
                                               conformed existing tracking regulations                                    confidentiality; and (6) record retention                                   distributors must provide data on
                                               to changes in tracking provisions                                          requirements.                                                               current users of tracked devices, current
                                               effected by FDAMA under part 821 (21                                          Respondents for this collection of                                       device locations, and other information,
                                               CFR part 821).                                                             information are medical device                                              upon request from a manufacturer or
                                                  Section 519(e)(1) of the FD&C Act, as                                   manufacturers, importers, and                                               FDA. FDA has not made such a request
                                               amended by FDAMA, provides that                                            distributors of tracked implants or                                         and is not aware of any manufacturer
                                               FDA may require by order that a                                            tracked l/s-l/s devices used outside a                                      making a request. Assuming one
                                               manufacturer adopt a method for                                            device user facility. Distributors include                                  multiple distributor receives one request
                                               tracking a class II or III medical device,                                 multiple and final distributors,                                            in a year from either a manufacturer or
                                               if the device meets one of the three                                       including hospitals.                                                        FDA, and that lists may be generated
                                               following criteria: (1) The failure of the                                    The annual hourly burden for                                             electronically, the Agency estimates a
                                               device would be reasonably likely to                                       respondents involved with medical                                           burden of 1 hour to comply.
                                               have serious adverse health                                                device tracking is estimated to be                                             Under § 821.30(d) distributors must
                                               consequences, (2) the device is intended                                   615,380 hours per year. The burden                                          verify data or make required records
                                               to be implanted in the human body for                                      estimates cited in tables 1 through 3 are                                   available for auditing, if a manufacturer
                                               more than 1 year (referred to as a                                         based on the number of device tracking                                      provides a written request. FDA’s
                                               ‘‘tracked implant’’), or (3) the device is                                 orders issued in the last 3 years, an                                       estimate of the burden for distributor
                                               life-sustaining or life-supporting                                         average of 12 tracking orders annually.                                     audit responses assumes that
                                               (referred to as a ‘‘tracked l/s-l/s device’’)                              FDA estimates that approximately                                            manufacturers audit database entries for
                                               and is used outside a device user                                          22,000 respondents may be subject to                                        5 percent of tracked devices distributed.
                                               facility.                                                                  tracking reporting requirements.                                            Each audited database entry prompts
                                                  Tracked device information is                                              Under § 821.25(a), device                                                one distributor audit response. Because
                                               collected to facilitate identifying the                                    manufacturers subject to FDA tracking                                       lists may be generated electronically,
                                               current location of medical devices and                                    orders must adopt a tracking method                                         FDA estimates a burden of 1 hour to
                                               patients possessing those devices, to the                                  which can provide certain device,                                           comply.
                                               extent that patients permit the                                            patient, and distributor information to                                        FDA estimates the burden of this
                                               collection of identifying information.                                     FDA within 3 to 10 working days.                                            collection of information as follows:

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

                                               Discontinuation of business—821.1(d) ................................                                             1                          1                           1                         1                   1
                                               Exemption or variance—821.2 and 821.30(e) .....................                                                   1                          1                           1                         1                   1
                                               Notification of failure to comply—821.25(d) ........................                                              1                          1                           1                         1                   1
                                               Multiple distributor data—821.30(c)(2) ................................                                           1                          1                           1                         1                   1

                                                     Total ..............................................................................   ........................   ........................   ........................   ........................                 4
                                                  1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                                        TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                                          Number of                                             Average
                                                                                                                                              Number of                                            Total annual
                                                                         Activity/21 CFR section                                                                         records per                                           burden per               Total hours
                                                                                                                                            recordkeepers                                            records
                                                                                                                                                                        recordkeeper                                         recordkeeping
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                                               Tracking information—821.25(a) .........................................                                        12                        1                        12                             76             912
                                               Record of tracking data—821.25(b) ....................................                                          12                   46,260                   555,120                              1         555,120
                                               Standard operating procedures—821.25(c) 2 ......................                                                12                        1                        12                             63             756
                                               Manufacturer data audit—821.25(c)(3) ................................                                           12                    1,124                    13,488                              1          13,488
                                               Multiple distributor data and distributor tracking records—
                                                 821.30(c)(2) and (d) .........................................................                          22,000                             1                  22,000                              1          22,000




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                                                                                   Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices                                                                                               48519

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

                                                      Total ..............................................................................   ........................   ........................   ........................   ........................       592,276
                                                  1 There are no capital costs or operating and maintenance costs associated with this collection of information.
                                                  2 One-time burden.



                                                                                                TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
                                                                                                                                                                          Number of                                               Average
                                                                                                                                               Number of                  disclosures               Total annual
                                                                          Activity/21 CFR section                                                                                                                                burden per              Total hours
                                                                                                                                              respondents                     per                   disclosures                  disclosure
                                                                                                                                                                          respondent

                                               Acquisition of tracked devices and final distributor data—
                                                 821.30(a) and (b) .............................................................                          22,000                              1                22,000                               1          22,000
                                               Multiple distributor data and distributor tracking records—
                                                 821.30(c)(2) and (d) .........................................................                             1,100                             1                   1,100                            1            1,100

                                                      Total ..............................................................................   ........................   ........................   ........................   ........................         23,100
                                                  1   There are no capital costs or operating and maintenance costs associated with this collection of information.


                                                 The burden estimate for this                                              would constitute a clearly unwarranted                                      Health, 6701 Rockledge Drive, Room 4132,
                                               information collection has not changed                                      invasion of personal privacy.                                               MSC 7802, Bethesda, MD 20892, (301) 435–
                                               since the last OMB approval.                                                                                                                            1214, pinkusl@csr.nih.gov.
                                                                                                                             Name of Committee: Center for Scientific
                                                 This document also refers to                                                                                                                            Name of Committee: Center for Scientific
                                                                                                                           Review Special Emphasis Panel; SBIR/STTR
                                                                                                                                                                                                       Review Special Emphasis Panel; Parasites-
                                               previously approved collections of                                          Applications in Drug Discovery and
                                                                                                                                                                                                       Vectors and Fungi.
                                               information found in FDA regulations.                                       Development.
                                                                                                                                                                                                         Date: November 14–15, 2017.
                                               These collections of information are                                          Date: November 13, 2017.                                                    Time: 8:00 a.m. to 6:00 p.m.
                                               subject to review by the Office of                                            Time: 8:00 a.m. to 6:00 p.m.                                                Agenda: To review and evaluate grant
                                                                                                                             Agenda: To review and evaluate grant
                                               Management and Budget under the PRA                                                                                                                     applications.
                                                                                                                           applications.                                                                 Place: National Institutes of Health, 6701
                                               (44 U.S.C. 3501–3520). The collections                                        Place: Hyatt Regency Bethesda, One
                                               of information found in §§ 821.2(b),                                                                                                                    Rockledge Drive, Bethesda, MD 20892
                                                                                                                           Bethesda Metro Center, 7400 Wisconsin                                       (Virtual Meeting).
                                               821.25(e), and 821.30(e) have been                                          Avenue, Bethesda, MD 20814.                                                   Contact Person: Fouad A El-Zaatari, Ph.D.,
                                               approved under OMB control number                                             Contact Person: Sergei Ruvinov, Ph.D.,                                    Scientific Review Officer, Center for
                                               0910–0191.                                                                  Scientific Review Officer, Center for                                       Scientific Review, National Institutes of
                                                                                                                           Scientific Review, National Institutes of                                   Health, 6701 Rockledge Drive, Room 3186,
                                                 Dated: October 11, 2017.                                                  Health, 6701 Rockledge Drive, Room 4158,                                    MSC 7808, Bethesda, MD 20892, (301) 435–
                                               Leslie Kux,                                                                 MSC 7806, Bethesda, MD 20892, 301–435–                                      1149, elzaataf@csr.nih.gov.
                                               Associate Commissioner for Policy.                                          1180, ruvinser@csr.nih.gov.
                                                                                                                                                                                                         Name of Committee: Center for Scientific
                                               [FR Doc. 2017–22550 Filed 10–17–17; 8:45 am]                                  Name of Committee: Center for Scientific                                  Review Special Emphasis Panel;
                                               BILLING CODE 4164–01–P                                                      Review Special Emphasis Panel; PAR Panel-                                   Biomaterials, Delivery, and Nanotechnology.
                                                                                                                           Neural Regulation of Cancer.                                                  Date: November 14–15, 2017.
                                                                                                                             Date: November 13, 2017.                                                    Time: 8:00 a.m. to 6:00 p.m.
                                                                                                                             Time: 10:00 a.m. to 1:00 p.m.                                               Agenda: To review and evaluate grant
                                               DEPARTMENT OF HEALTH AND
                                                                                                                             Agenda: To review and evaluate grant                                      applications and/or proposals.
                                               HUMAN SERVICES                                                              applications.                                                                 Place: Hilton Washington DC/Rockville,
                                                                                                                             Place: National Institutes of Health, 6701                                1750 Rockville Pike, Rockville, MD 20852.
                                               National Institutes of Health                                               Rockledge Drive, Bethesda, MD 20892                                           Contact Person: Nitsa Rosenzweig, Ph.D.,
                                                                                                                           (Virtual Meeting).                                                          Scientific Review Officer, Center for
                                               Center for Scientific Review; Notice of                                       Contact Person: Manzoor Zarger, Ph.D.,                                    Scientific Review, National Institutes of
                                               Closed Meetings                                                             Scientific Review Officer, Center for                                       Health, 6701 Rockledge Drive, Room 4152,
                                                                                                                           Scientific Review, National Institutes of                                   MSC 7760, Bethesda, MD 20892, (301) 404–
                                                 Pursuant to section 10(d) of the                                          Health, 6701 Rockledge Drive, Room 6208,                                    7419, rosenzweign@csr.nih.gov.
                                               Federal Advisory Committee Act, as                                          MSC 7804, Bethesda, MD 20892, (301) 435–                                      Name of Committee: Center for Scientific
                                               amended, notice is hereby given of the                                      2477, zargerma@csr.nih.gov.                                                 Review Special Emphasis Panel; PAR 17–
                                               following meetings.                                                           Name of Committee: Center for Scientific                                  094: Maximizing Investigator’s Research
                                                 The meetings will be closed to the                                        Review Special Emphasis Panel; Vascular                                     Award (R35).
                                               public in accordance with the                                               and Hematology.                                                               Date: November 14, 2017.
                                               provisions set forth in sections                                              Date: November 13, 2017.                                                    Time: 8:00 a.m. to 5:00 p.m.
                                               552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,                                    Time: 2:00 p.m. to 4:15 p.m.                                                Agenda: To review and evaluate grant
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                                               as amended. The grant applications and                                        Agenda: To review and evaluate grant                                      applications.
                                                                                                                           applications.                                                                 Place: Hyatt Regency Bethesda, One
                                               the discussions could disclose
                                                                                                                             Place: National Institutes of Health, 6701                                Bethesda Metro Center, 7400 Wisconsin
                                               confidential trade secrets or commercial                                    Rockledge Drive, Bethesda, MD 20892                                         Avenue, Bethesda, MD 20814.
                                               property such as patentable material,                                       (Telephone Conference Call).                                                  Contact Person: Maqsood A Wani, Ph.D.,
                                               and personal information concerning                                           Contact Person: Larry Pinkus, Ph.D.,                                      Scientific Review Officer, Center for
                                               individuals associated with the grant                                       Scientific Review Officer, Center for                                       Scientific Review, National Institutes of
                                               applications, the disclosure of which                                       Scientific Review, National Institutes of                                   Health, 6701 Rockledge Drive, Room 2114,



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Document Created: 2017-10-18 01:37:53
Document Modified: 2017-10-18 01:37:53
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.
DatesSubmit either electronic or written comments on the collection of information by December 18, 2017.
ContactAmber Sanford, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-8867, [email protected]
FR Citation82 FR 48516 

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