82_FR_57692 82 FR 57460 - Food and Drug Administration Categorization of Investigational Device Exemption Devices To Assist the Centers for Medicare and Medicaid Services With Coverage Decisions; Guidance for Sponsors, Clinical Investigators, Industry, Institutional Review Boards, and Food and Drug Administration Staff; Availability

82 FR 57460 - Food and Drug Administration Categorization of Investigational Device Exemption Devices To Assist the Centers for Medicare and Medicaid Services With Coverage Decisions; Guidance for Sponsors, Clinical Investigators, Industry, Institutional Review Boards, and Food and Drug Administration Staff; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 232 (December 5, 2017)

Page Range57460-57462
FR Document2017-26195

The Food and Drug Administration (FDA or Agency) is announcing the availability of the guidance entitled ``FDA Categorization of Investigational Device Exemption (IDE) Devices to Assist the Centers for Medicare and Medicaid Services (CMS) with Coverage Decisions; Guidance for Sponsors, Clinical Investigators, Industry, Institutional Review Boards, and Food and Drug Administration Staff.'' This guidance modifies the FDA's current policy on categorization of investigational device exemption (IDE) devices, which assists the CMS in determining whether or not an IDE device should be covered (reimbursed) by CMS. On December 2, 2015, FDA's Center for Devices and Radiological Health (CDRH) and CMS's Coverage and Analysis Group (CAG) executed a Memorandum of Understanding (MOU) to streamline and facilitate the efficient categorization of investigational medical devices in order to support CMS's ability to make Medicare coverage (reimbursement) determinations for those devices. This guidance document further explains the framework that FDA intends to follow for such categorization decisions.

Federal Register, Volume 82 Issue 232 (Tuesday, December 5, 2017)
[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Notices]
[Pages 57460-57462]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26195]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-1159]


Food and Drug Administration Categorization of Investigational 
Device Exemption Devices To Assist the Centers for Medicare and 
Medicaid Services With Coverage Decisions; Guidance for Sponsors, 
Clinical Investigators, Industry, Institutional Review Boards, and Food 
and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of the guidance entitled ``FDA Categorization of 
Investigational Device Exemption (IDE) Devices to Assist the Centers 
for Medicare and Medicaid Services (CMS) with Coverage Decisions; 
Guidance for Sponsors, Clinical Investigators, Industry, Institutional 
Review Boards, and Food and Drug Administration Staff.'' This guidance 
modifies the FDA's current policy on categorization of investigational 
device exemption (IDE) devices, which assists the CMS in determining 
whether or not an IDE device should be covered (reimbursed) by CMS. On 
December 2, 2015, FDA's Center for Devices and Radiological Health 
(CDRH) and CMS's Coverage and Analysis Group (CAG) executed a 
Memorandum of Understanding (MOU) to streamline and facilitate the 
efficient categorization of investigational medical devices in order to 
support CMS's ability to make Medicare coverage (reimbursement) 
determinations for those devices. This guidance document further 
explains the framework that FDA intends to follow for such 
categorization decisions.

DATES: The announcement of the guidance is published in the Federal 
Register on December 5, 2017.

ADDRESSES: You may submit either electronic or written comments on this 
guidance at any time as follows:

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-2016-D-1159 for ``FDA Categorization of Investigational Device 
Exemption (IDE) Devices to Assist the Centers for Medicare and Medicaid 
Services (CMS) with Coverage Decisions; Guidance for Sponsors, Clinical 
Investigators, Industry, Institutional Review Boards, and Food and Drug 
Administration Staff.'' Received comments 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 office 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

[[Page 57461]]

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.
    An electronic copy of the guidance document is available for 
download from the internet. See the SUPPLEMENTARY INFORMATION section 
for information on electronic access to the guidance. Submit written 
requests for a single hard copy of the guidance document entitled ``FDA 
Categorization of Investigational Device Exemption (IDE) Devices to 
Assist the Centers for Medicare and Medicaid Services (CMS) with 
Coverage Decisions; Guidance for Sponsors, Clinical Investigators, 
Industry, Institutional Review Boards, and Food and Drug Administration 
Staff'' to the Office of the Center Director, Guidance and Policy 
Development, Center for Devices and Radiological Health, Food and Drug 
Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5431, Silver 
Spring, MD 20993-0002; or the Office of Communication, Outreach and 
Development, Center for Biologics Evaluation and Research, Food and 
Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 3128, 
Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to 
assist that office in processing your request.

FOR FURTHER INFORMATION CONTACT: Owen Faris, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 1682, Silver Spring, MD 20993-0002, 301-796-6356, 
or Stephen Ripley, Center for Biologics Evaluation and Research, Food 
and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, 
Silver Spring, MD 20993-0002, 240-402-7911.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA is announcing the availability of a guidance for sponsors, 
clinical investigators, industry, institutional review boards, and FDA 
staff entitled, ``FDA Categorization of Investigational Device 
Exemption (IDE) Devices to Assist the Centers for Medicare and Medicaid 
Services (CMS) with Coverage Decisions; Guidance for Sponsors, Clinical 
Investigators, Industry, Institutional Review Boards, and Food and Drug 
Administration Staff.'' This guidance modifies the FDA's current policy 
on categorization of IDE devices. In September 1995, FDA entered into 
an Interagency Agreement (IA) regarding reimbursement categorization of 
investigational devices with the Health Care Financing Administration 
(now known as CMS). FDA would assign a device with an approved IDE 
based on the level of risk the device presented to patients. The 
categorization would then be used by CMS as part of its determination 
of whether or not items and services met the requirements for Medicare 
coverage under section 1862(a)(1)(A) of the Social Security Act. In 
following with the IA, FDA categorized devices as either Category A 
(``Experimental'') or Category B (``Nonexperimental/Investigational''). 
In the more than 20 years since the IA was signed, FDA has received a 
number of IDEs which do not easily fit into any of the eight sub-
categories identified in the IA. There have also been several 
developments which prompted FDA and CMS to revise their shared 
understanding regarding the categorization of IDE devices. These 
include the publication of the guidance document entitled, 
``Investigational Device Exemptions (IDEs) for Early Feasibility 
Medical Device Clinical Studies, Including Certain First in Human (FIH) 
Studies; Guidance for Industry and Food and Drug Administration 
Staff,'' (Ref. 1) and a subsequent increase in submission of early 
feasibility studies to FDA, as well as modifications to CMS's 
regulation regarding IDEs (42 CFR 405 Subpart B).
    On December 2, 2015, FDA's CDRH and CMS's Coverage and Analysis 
Group (CAG) executed a Memorandum of Understanding (MOU) to streamline 
and facilitate the efficient categorization of investigational medical 
devices. The MOU became effective as of June 2, 2016. This guidance 
document describes the process and information that will be used to 
help determine the appropriate category for a device to be studied. 
Importantly, the categorization paradigm has shifted from a more rigid 
approach to one which allows more flexibility and could be of great 
benefit specifically to manufacturers of, and patients receiving, 
innovative medical devices. The previous categorization paradigm 
included several specific criteria upon which a categorization would be 
based. These criteria were tied to information known about other 
similar, legally marketed products. The policy has been revised in 
order to allow FDA to consider information known about investigational 
devices as well, and provide FDA the flexibility to change 
categorization as more information regarding a device has been 
obtained. Therefore, while an innovative medical device may not be 
reimbursable during early-stage clinical trials, information gained 
during such studies now can be utilized to potentially help support a 
category change, and thus full reimbursement, for the device during 
subsequent studies.
    FDA considered comments received on the draft guidance that 
appeared in the June 1, 2016, Federal Register notice (81 FR 35032). 
FDA revised the guidance as appropriate in response to the comments. 
This document supersedes IDE Guidance Memorandum #95-2 ``Implementation 
of the FDA/HCFA Interagency Agreement Regarding Reimbursement 
Categorization of Investigational Devices'' issued on September 15, 
1995.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on ``FDA Categorization of Investigational 
Device Exemption (IDE) Devices to Assist the Centers for Medicare and 
Medicaid Services (CMS) with Coverage Decisions.'' It does not 
establish any rights for any person and is not binding on FDA or the 
public. You can use an alternative approach if it satisfies the 
requirements of the applicable statutes and regulations. This guidance 
is not subject to Executive Order 12866.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by 
downloading an electronic copy from the internet. A search capability 
for all CDRH guidance documents is available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. A search capability for all CBER guidance documents is 
available at: https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm. Guidance documents 
are also available at https://www.regulations.gov. Persons unable to 
download an electronic copy of ``FDA Categorization of Investigational 
Device Exemption (IDE) Devices to Assist the Centers for Medicare and 
Medicaid Services (CMS) with Coverage Decisions; Guidance for Sponsors, 
Clinical Investigators, Industry, Institutional Review Boards, and Food 
and Drug Administration Staff'' may send an email request to [email protected] to receive an electronic copy of the document. 
Please

[[Page 57462]]

use the document number 1500074 to identify the guidance you are 
requesting.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of 
information found in FDA and CMS regulations. These collections of 
information are subject to review by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collections of information in 21 CFR part 812 have been 
approved under OMB control number 0910-0078. The collections of 
information in 42 CFR part 405, subpart B have been approved under OMB 
control number 0938-1250.

V. Reference

    The following reference is on display in the Dockets Management 
Staff (see ADDRESSES) and is available for viewing by interested 
persons between 9 a.m. and 4 p.m., Monday through Friday; it is also 
available electronically at https://www.regulations.gov. FDA has 
verified the Web site address, as of the date this document publishes 
in the Federal Register, but Web sites are subject to change over time.
    1. Investigational Device Exemptions (IDEs) for Early Feasibility 
Medical Device Clinical Studies, Including Certain First in Human (FIH) 
Studies; Guidance for Industry and Food and Drug Administration Staff, 
available at https://www.fda.gov/downloads/medicaldevices/deviceregulationandguidance/guidancedocuments/ucm279103.

    Dated: November 29, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-26195 Filed 12-4-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                57460                                Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices

                                                                                                                               SUMMARY OF BURDEN ESTIMATES
                                                                                                                                                  Number of                     Minutes per
                                                                   Respondent/data collection activity                                                                                                              Annual burden hours
                                                                                                                                                 respondents                     response

                                                Resource Support Requests .....................................................                             80      1 min 54 sec ...........................    2.53 hours.
                                                Legal Training, Case Consultation, Technical Assistance Re-                                             14,000      1 min 42 sec ...........................    397 hours.
                                                  quests.
                                                Outcome Measurement ............................................................                            3,500   1 min 3 sec .............................   61.25 hours.

                                                     Total ...................................................................................          17,580      4 min 39 sec ...........................    460.78 hours.



                                                  Dated: November 24, 2017.                                               FDA intends to follow for such                                     Instructions: All submissions received
                                                Mary Lazare,                                                              categorization decisions.                                       must include the Docket No. FDA–
                                                Principal Deputy Administrator.                                           DATES: The announcement of the                                  2016–D–1159 for ‘‘FDA Categorization
                                                [FR Doc. 2017–26116 Filed 12–4–17; 8:45 am]                               guidance is published in the Federal                            of Investigational Device Exemption
                                                BILLING CODE 4154–01–P                                                    Register on December 5, 2017.                                   (IDE) Devices to Assist the Centers for
                                                                                                                          ADDRESSES: You may submit either                                Medicare and Medicaid Services (CMS)
                                                                                                                          electronic or written comments on this                          with Coverage Decisions; Guidance for
                                                DEPARTMENT OF HEALTH AND                                                  guidance at any time as follows:                                Sponsors, Clinical Investigators,
                                                HUMAN SERVICES                                                                                                                            Industry, Institutional Review Boards,
                                                                                                                          Electronic Submissions                                          and Food and Drug Administration
                                                Food and Drug Administration                                                Submit electronic comments in the                             Staff.’’ Received comments will be
                                                                                                                          following way:                                                  placed in the docket and, except for
                                                [Docket No. FDA–2016–D–1159]
                                                                                                                            • Federal eRulemaking Portal:                                 those submitted as ‘‘Confidential
                                                Food and Drug Administration                                              https://www.regulations.gov. Follow the                         Submissions,’’ publicly viewable at
                                                Categorization of Investigational                                         instructions for submitting comments.                           https://www.regulations.gov or at the
                                                Device Exemption Devices To Assist                                        Comments submitted electronically,                              Dockets Management Staff office
                                                the Centers for Medicare and Medicaid                                     including attachments, to https://                              between 9 a.m. and 4 p.m., Monday
                                                Services With Coverage Decisions;                                         www.regulations.gov will be posted to                           through Friday.
                                                Guidance for Sponsors, Clinical                                           the docket unchanged. Because your                                 • Confidential Submissions—To
                                                Investigators, Industry, Institutional                                    comment will be made public, you are                            submit a comment with confidential
                                                Review Boards, and Food and Drug                                          solely responsible for ensuring that your                       information that you do not wish to be
                                                Administration Staff; Availability                                        comment does not include any                                    made publicly available, submit your
                                                                                                                          confidential information that you or a                          comments only as a written/paper
                                                AGENCY:      Food and Drug Administration,                                third party may not wish to be posted,                          submission. You should submit two
                                                HHS.                                                                      such as medical information, your or                            copies total. One copy will include the
                                                ACTION:     Notice of availability.                                       anyone else’s Social Security number, or                        information you claim to be confidential
                                                                                                                          confidential business information, such                         with a heading or cover note that states
                                                SUMMARY:    The Food and Drug                                             as a manufacturing process. Please note                         ‘‘THIS DOCUMENT CONTAINS
                                                Administration (FDA or Agency) is                                         that if you include your name, contact                          CONFIDENTIAL INFORMATION.’’ The
                                                announcing the availability of the                                        information, or other information that                          Agency will review this copy, including
                                                guidance entitled ‘‘FDA Categorization                                    identifies you in the body of your                              the claimed confidential information, in
                                                of Investigational Device Exemption                                       comments, that information will be                              its consideration of comments. The
                                                (IDE) Devices to Assist the Centers for                                   posted on https://www.regulations.gov.                          second copy, which will have the
                                                Medicare and Medicaid Services (CMS)                                        • If you want to submit a comment                             claimed confidential information
                                                with Coverage Decisions; Guidance for                                     with confidential information that you                          redacted/blacked out, will be available
                                                Sponsors, Clinical Investigators,                                         do not wish to be made available to the                         for public viewing and posted on
                                                Industry, Institutional Review Boards,                                    public, submit the comment as a                                 https://www.regulations.gov. Submit
                                                and Food and Drug Administration                                          written/paper submission and in the                             both copies to the Dockets Management
                                                Staff.’’ This guidance modifies the                                       manner detailed (see ‘‘Written/Paper                            Staff. If you do not wish your name and
                                                FDA’s current policy on categorization                                    Submissions’’ and ‘‘Instructions’’).                            contact information to be made publicly
                                                of investigational device exemption                                                                                                       available, you can provide this
                                                (IDE) devices, which assists the CMS in                                   Written/Paper Submissions                                       information on the cover sheet and not
                                                determining whether or not an IDE                                           Submit written/paper submissions as                           in the body of your comments and you
                                                device should be covered (reimbursed)                                     follows:                                                        must identify this information as
                                                by CMS. On December 2, 2015, FDA’s                                          • Mail/Hand delivery/Courier (for                             ‘‘confidential.’’ Any information marked
                                                Center for Devices and Radiological                                       written/paper submissions): Dockets                             as ‘‘confidential’’ will not be disclosed
                                                Health (CDRH) and CMS’s Coverage and                                      Management Staff (HFA–305), Food and                            except in accordance with 21 CFR 10.20
                                                Analysis Group (CAG) executed a                                           Drug Administration, 5630 Fishers                               and other applicable disclosure law. For
                                                Memorandum of Understanding (MOU)                                         Lane, Rm. 1061, Rockville, MD 20852.                            more information about FDA’s posting
sradovich on DSK3GMQ082PROD with NOTICES




                                                to streamline and facilitate the efficient                                  • For written/paper comments                                  of comments to public dockets, see 80
                                                categorization of investigational medical                                 submitted to the Dockets Management                             FR 56469, September 18, 2015, or access
                                                devices in order to support CMS’s                                         Staff, FDA will post your comment, as                           the information at: https://www.gpo.gov/
                                                ability to make Medicare coverage                                         well as any attachments, except for                             fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                (reimbursement) determinations for                                        information submitted, marked and                               23389.pdf.
                                                those devices. This guidance document                                     identified, as confidential, if submitted                          Docket: For access to the docket to
                                                further explains the framework that                                       as detailed in ‘‘Instructions.’’                                read background documents or the


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                                                                            Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices                                          57461

                                                electronic and written/paper comments                   policy on categorization of IDE devices.              information regarding a device has been
                                                received, go to https://                                In September 1995, FDA entered into an                obtained. Therefore, while an
                                                www.regulations.gov and insert the                      Interagency Agreement (IA) regarding                  innovative medical device may not be
                                                docket number, found in brackets in the                 reimbursement categorization of                       reimbursable during early-stage clinical
                                                heading of this document, into the                      investigational devices with the Health               trials, information gained during such
                                                ‘‘Search’’ box and follow the prompts                   Care Financing Administration (now                    studies now can be utilized to
                                                and/or go to the Dockets Management                     known as CMS). FDA would assign a                     potentially help support a category
                                                Staff, 5630 Fishers Lane, Rm. 1061,                     device with an approved IDE based on                  change, and thus full reimbursement,
                                                Rockville, MD 20852.                                    the level of risk the device presented to             for the device during subsequent
                                                   An electronic copy of the guidance                   patients. The categorization would then               studies.
                                                document is available for download                      be used by CMS as part of its                            FDA considered comments received
                                                from the internet. See the                              determination of whether or not items                 on the draft guidance that appeared in
                                                SUPPLEMENTARY INFORMATION section for                   and services met the requirements for                 the June 1, 2016, Federal Register notice
                                                information on electronic access to the                 Medicare coverage under section                       (81 FR 35032). FDA revised the
                                                guidance. Submit written requests for a                 1862(a)(1)(A) of the Social Security Act.             guidance as appropriate in response to
                                                single hard copy of the guidance                        In following with the IA, FDA                         the comments. This document
                                                document entitled ‘‘FDA Categorization                  categorized devices as either Category A              supersedes IDE Guidance Memorandum
                                                of Investigational Device Exemption                     (‘‘Experimental’’) or Category B                      #95–2 ‘‘Implementation of the FDA/
                                                (IDE) Devices to Assist the Centers for                 (‘‘Nonexperimental/Investigational’’). In             HCFA Interagency Agreement Regarding
                                                Medicare and Medicaid Services (CMS)                    the more than 20 years since the IA was               Reimbursement Categorization of
                                                with Coverage Decisions; Guidance for                   signed, FDA has received a number of                  Investigational Devices’’ issued on
                                                Sponsors, Clinical Investigators,                       IDEs which do not easily fit into any of              September 15, 1995.
                                                Industry, Institutional Review Boards,                  the eight sub-categories identified in the            II. Significance of Guidance
                                                and Food and Drug Administration                        IA. There have also been several
                                                Staff’’ to the Office of the Center                                                                              This guidance is being issued
                                                                                                        developments which prompted FDA
                                                Director, Guidance and Policy                                                                                 consistent with FDA’s good guidance
                                                                                                        and CMS to revise their shared
                                                Development, Center for Devices and                                                                           practices regulation (21 CFR 10.115).
                                                                                                        understanding regarding the
                                                Radiological Health, Food and Drug                                                                            The guidance represents the current
                                                                                                        categorization of IDE devices. These
                                                Administration, 10903 New Hampshire                                                                           thinking of FDA on ‘‘FDA
                                                                                                        include the publication of the guidance
                                                                                                                                                              Categorization of Investigational Device
                                                Ave., Bldg. 66, Rm. 5431, Silver Spring,                document entitled, ‘‘Investigational
                                                                                                                                                              Exemption (IDE) Devices to Assist the
                                                MD 20993–0002; or the Office of                         Device Exemptions (IDEs) for Early                    Centers for Medicare and Medicaid
                                                Communication, Outreach and                             Feasibility Medical Device Clinical                   Services (CMS) with Coverage
                                                Development, Center for Biologics                       Studies, Including Certain First in                   Decisions.’’ It does not establish any
                                                Evaluation and Research, Food and                       Human (FIH) Studies; Guidance for                     rights for any person and is not binding
                                                Drug Administration, 10903 New                          Industry and Food and Drug                            on FDA or the public. You can use an
                                                Hampshire Ave., Bldg. 71, Rm. 3128,                     Administration Staff,’’ (Ref. 1) and a                alternative approach if it satisfies the
                                                Silver Spring, MD 20993–0002. Send                      subsequent increase in submission of                  requirements of the applicable statutes
                                                one self-addressed adhesive label to                    early feasibility studies to FDA, as well             and regulations. This guidance is not
                                                assist that office in processing your                   as modifications to CMS’s regulation                  subject to Executive Order 12866.
                                                request.                                                regarding IDEs (42 CFR 405 Subpart B).
                                                FOR FURTHER INFORMATION CONTACT:                           On December 2, 2015, FDA’s CDRH                    III. Electronic Access
                                                Owen Faris, Center for Devices and                      and CMS’s Coverage and Analysis                          Persons interested in obtaining a copy
                                                Radiological Health, Food and Drug                      Group (CAG) executed a Memorandum                     of the guidance may do so by
                                                Administration, 10903 New Hampshire                     of Understanding (MOU) to streamline                  downloading an electronic copy from
                                                Ave., Bldg. 66, Rm. 1682, Silver Spring,                and facilitate the efficient categorization           the internet. A search capability for all
                                                MD 20993–0002, 301–796–6356, or                         of investigational medical devices. The               CDRH guidance documents is available
                                                Stephen Ripley, Center for Biologics                    MOU became effective as of June 2,                    at https://www.fda.gov/MedicalDevices/
                                                Evaluation and Research, Food and                       2016. This guidance document                          DeviceRegulationandGuidance/
                                                Drug Administration, 10903 New                          describes the process and information                 GuidanceDocuments/default.htm. A
                                                Hampshire Ave., Bldg. 71, Rm. 7301,                     that will be used to help determine the               search capability for all CBER guidance
                                                Silver Spring, MD 20993–0002, 240–                      appropriate category for a device to be               documents is available at: https://
                                                402–7911.                                               studied. Importantly, the categorization              www.fda.gov/BiologicsBloodVaccines/
                                                SUPPLEMENTARY INFORMATION:                              paradigm has shifted from a more rigid                GuidanceComplianceRegulatory
                                                                                                        approach to one which allows more                     Information/default.htm. Guidance
                                                I. Background                                           flexibility and could be of great benefit             documents are also available at https://
                                                   FDA is announcing the availability of                specifically to manufacturers of, and                 www.regulations.gov. Persons unable to
                                                a guidance for sponsors, clinical                       patients receiving, innovative medical                download an electronic copy of ‘‘FDA
                                                investigators, industry, institutional                  devices. The previous categorization                  Categorization of Investigational Device
                                                review boards, and FDA staff entitled,                  paradigm included several specific                    Exemption (IDE) Devices to Assist the
                                                ‘‘FDA Categorization of Investigational                 criteria upon which a categorization                  Centers for Medicare and Medicaid
                                                Device Exemption (IDE) Devices to                       would be based. These criteria were tied              Services (CMS) with Coverage
sradovich on DSK3GMQ082PROD with NOTICES




                                                Assist the Centers for Medicare and                     to information known about other                      Decisions; Guidance for Sponsors,
                                                Medicaid Services (CMS) with Coverage                   similar, legally marketed products. The               Clinical Investigators, Industry,
                                                Decisions; Guidance for Sponsors,                       policy has been revised in order to                   Institutional Review Boards, and Food
                                                Clinical Investigators, Industry,                       allow FDA to consider information                     and Drug Administration Staff’’ may
                                                Institutional Review Boards, and Food                   known about investigational devices as                send an email request to CDRH-
                                                and Drug Administration Staff.’’ This                   well, and provide FDA the flexibility to              Guidance@fda.hhs.gov to receive an
                                                guidance modifies the FDA’s current                     change categorization as more                         electronic copy of the document. Please


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                                                57462                       Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Notices

                                                use the document number 1500074 to                      Manufactured Medical Devices;                         identified, as confidential, if submitted
                                                identify the guidance you are                           Guidance for Industry and Food and                    as detailed in ‘‘Instructions.’’
                                                requesting.                                             Drug Administration Staff.’’ FDA has                     Instructions: All submissions received
                                                                                                        developed this leapfrog guidance to                   must include the Docket No. FDA–
                                                IV. Paperwork Reduction Act of 1995                                                                           2016–D–1210 for ‘‘Technical
                                                                                                        provide FDA’s initial thoughts on
                                                  This guidance refers to previously                    technical considerations specific to                  Considerations for Additive
                                                approved collections of information                     devices using additive manufacturing,                 Manufactured Medical Devices;
                                                found in FDA and CMS regulations.                       the broad category of manufacturing                   Guidance for Industry and Food and
                                                These collections of information are                    encompassing 3-dimensional (3D)                       Drug Administration Staff;
                                                subject to review by the Office of                      printing. This guidance outlines                      Availability.’’ Received comments will
                                                Management and Budget (OMB) under                       technical considerations associated with              be placed in the docket and, except for
                                                the Paperwork Reduction Act of 1995                     additive manufacturing processes as                   those submitted as ‘‘Confidential
                                                (44 U.S.C. 3501–3520). The collections                  well as testing and characterization for              Submissions,’’ publicly viewable at
                                                of information in 21 CFR part 812 have                  final finished devices fabricated using               https://www.regulations.gov or at the
                                                been approved under OMB control                         additive manufacturing.                               Dockets Management Staff between 9
                                                number 0910–0078. The collections of                    DATES: The announcement of the
                                                                                                                                                              a.m. and 4 p.m., Monday through
                                                information in 42 CFR part 405, subpart                 guidance is published in the Federal                  Friday.
                                                B have been approved under OMB                                                                                   • Confidential Submissions—To
                                                                                                        Register on December 5, 2017.
                                                control number 0938–1250.                                                                                     submit a comment with confidential
                                                                                                        ADDRESSES: You may submit either                      information that you do not wish to be
                                                V. Reference                                            electronic or written comments on                     made publicly available, submit your
                                                   The following reference is on display                Agency guidances at any time as                       comments only as a written/paper
                                                in the Dockets Management Staff (see                    follows:                                              submission. You should submit two
                                                ADDRESSES) and is available for viewing                 Electronic Submissions                                copies total. One copy will include the
                                                by interested persons between 9 a.m.                                                                          information you claim to be confidential
                                                and 4 p.m., Monday through Friday; it                     Submit electronic comments in the                   with a heading or cover note that states
                                                is also available electronically at https://            following way:                                        ‘‘THIS DOCUMENT CONTAINS
                                                www.regulations.gov. FDA has verified                     • Federal eRulemaking Portal:                       CONFIDENTIAL INFORMATION.’’ The
                                                the Web site address, as of the date this               https://www.regulations.gov. Follow the               Agency will review this copy, including
                                                document publishes in the Federal                       instructions for submitting comments.                 the claimed confidential information, in
                                                Register, but Web sites are subject to                  Comments submitted electronically,                    its consideration of comments. The
                                                change over time.                                       including attachments, to https://                    second copy, which will have the
                                                   1. Investigational Device Exemptions                 www.regulations.gov will be posted to                 claimed confidential information
                                                (IDEs) for Early Feasibility Medical                    the docket unchanged. Because your                    redacted/blacked out, will be available
                                                Device Clinical Studies, Including                      comment will be made public, you are                  for public viewing and posted on
                                                Certain First in Human (FIH) Studies;                   solely responsible for ensuring that your             https://www.regulations.gov. Submit
                                                Guidance for Industry and Food and                      comment does not include any                          both copies to the Dockets Management
                                                Drug Administration Staff, available at                 confidential information that you or a                Staff. If you do not wish your name and
                                                https://www.fda.gov/downloads/                          third party may not wish to be posted,                contact information to be made publicly
                                                medicaldevices/deviceregulation                         such as medical information, your or                  available, you can provide this
                                                andguidance/guidancedocuments/                          anyone else’s Social Security number, or              information on the cover sheet and not
                                                ucm279103.                                              confidential business information, such               in the body of your comments and you
                                                                                                        as a manufacturing process. Please note               must identify this information as
                                                  Dated: November 29, 2017.
                                                                                                        that if you include your name, contact                ‘‘confidential.’’ Any information marked
                                                Leslie Kux,
                                                                                                        information, or other information that                as ‘‘confidential’’ will not be disclosed
                                                Associate Commissioner for Policy.                      identifies you in the body of your                    except in accordance with 21 CFR 10.20
                                                [FR Doc. 2017–26195 Filed 12–4–17; 8:45 am]             comments, that information will be                    and other applicable disclosure law. For
                                                BILLING CODE 4164–01–P                                  posted on https://www.regulations.gov.                more information about FDA’s posting
                                                                                                          • If you want to submit a comment                   of comments to public dockets, see 80
                                                                                                        with confidential information that you                FR 56469, September 18, 2015, or access
                                                DEPARTMENT OF HEALTH AND                                do not wish to be made available to the               the information at: https://www.gpo.gov/
                                                HUMAN SERVICES                                          public, submit the comment as a                       fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                Food and Drug Administration                            written/paper submission and in the                   23389.pdf.
                                                                                                        manner detailed (see ‘‘Written/Paper                     Docket: For access to the docket to
                                                [Docket No. FDA–2016–D–1210]                            Submissions’’ and ‘‘Instructions’’).                  read background documents or the
                                                                                                        Written/Paper Submissions                             electronic and written/paper comments
                                                Technical Considerations for Additive                                                                         received, go to https://
                                                Manufactured Medical Devices;                             Submit written/paper submissions as                 www.regulations.gov and insert the
                                                Guidance for Industry and Food and                      follows:                                              docket number, found in brackets in the
                                                Drug Administration Staff; Availability                   • Mail/Hand delivery/Courier (for                   heading of this document, into the
                                                AGENCY:    Food and Drug Administration,                written/paper submissions): Dockets                   ‘‘Search’’ box and follow the prompts
                                                                                                        Management Staff (HFA–305), Food and
sradovich on DSK3GMQ082PROD with NOTICES




                                                HHS.                                                                                                          and/or go to the Dockets Management
                                                ACTION:   Notice of availability.                       Drug Administration, 5630 Fishers                     Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                        Lane, Rm. 1061, Rockville, MD 20852.                  Rockville, MD 20852.
                                                SUMMARY:  The Food and Drug                               • For written/paper comments                           You may submit comments on any
                                                Administration (FDA or Agency) is                       submitted to the Dockets Management                   guidance at any time (see 21 CFR
                                                announcing the availability of the                      Staff, FDA will post your comment, as                 10.115(g)(5)).
                                                guidance entitled ‘‘Technical                           well as any attachments, except for                      An electronic copy of the guidance
                                                Considerations for Additive                             information submitted, marked and                     document is available for download


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Document Created: 2017-12-04 23:45:38
Document Modified: 2017-12-04 23:45:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
DatesThe announcement of the guidance is published in the Federal Register on December 5, 2017.
ContactOwen Faris, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1682, Silver Spring, MD 20993-0002, 301-796-6356, or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.
FR Citation82 FR 57460 

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