82_FR_6578 82 FR 6566 - Agency Information Collection Activities; Proposed Collection; Comment Request; Adverse Event Program for Medical Devices (Medical Product Safety Network)

82 FR 6566 - Agency Information Collection Activities; Proposed Collection; Comment Request; Adverse Event Program for Medical Devices (Medical Product Safety Network)

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 12 (January 19, 2017)

Page Range6566-6568
FR Document2017-01187

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the Adverse Event Program for Medical Devices (Medical Product Safety Network (MedSun)).

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6566-6568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01187]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0084]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Adverse Event Program for Medical Devices (Medical 
Product Safety Network)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
including each proposed extension of an existing collection of 
information, and to allow 60 days for public comment in response to the 
notice. This notice solicits comments on the Adverse Event Program for 
Medical Devices (Medical Product Safety Network (MedSun)).

DATES: Submit either electronic or written comments on the collection 
of information by March 20, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2017-N-0084 for ``Adverse Event Program for Medical Devices 
(Medical Product Safety Network (MedSun)).'' Received comments will be 
placed in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at

[[Page 6567]]

http://www.regulations.gov or at the Division of Dockets Management 
between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A63, 11601 
Landsdown St., North Bethesda, MD 20852, [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.

Adverse Event Program for Medical Devices (Medical Product Safety 
Network (MedSun))--OMB Control Number 0910-0471--Extension

    Under section 519 of the Federal Food, Drug, and Cosmetic Act (the 
FD&C Act) (21 U.S.C. 360i) authorizes FDA to require (1) manufacturers 
to report medical device-related deaths, serious injuries, and 
malfunctions; and (2) user facilities to report device-related deaths 
directly to manufacturers and FDA and serious injuries to the 
manufacturer. Section 213 of the Food and Drug Administration 
Modernization Act of 1997 (Pub. L. 105-115) amended section 519(b) of 
the FD&C Act relating to mandatory reporting by user facilities of 
deaths, serious injuries, and serious illnesses associated with the use 
of medical devices. This amendment legislated the replacement of 
universal user facility reporting by a system that is limited to a 
``subset of user facilities that constitutes a representative profile 
of user reports'' for device-related deaths and serious injuries. This 
amendment is reflected in section 519(b)(5)(A) of the FD&C Act. This 
legislation provides FDA with the opportunity to design and implement a 
national surveillance network, composed of well-trained clinical 
facilities, to provide high-quality data on medical devices in clinical 
use. This system is called MedSun.
    FDA is seeking OMB clearance to continue to use electronic data 
collection to obtain the information on Form FDA 3500A (approved under 
OMB control number 0910-0291) related to medical devices and tissue 
products from the user facilities participating in MedSun, to obtain a 
demographic profile of the facilities, and for additional questions 
which will permit FDA to better understand the cause of reported 
adverse events. Participation in the program is voluntary and includes 
approximately 250 facilities.
    In addition to collecting data on the electronic adverse event 
report form, MedSun collects additional information from participating 
sites about reported problems emerging from the MedSun hospitals. This 
data collection is also voluntary and is collected on the same Web site 
as the report information.
    The burden estimate is based on the number of facilities 
participating in MedSun (250). FDA estimates an average of 15 reports 
per site annually. This estimate is based on MedSun working to promote 
reporting in general from the sites, as well as promoting reporting 
from specific parts of the hospitals, such as the pediatric intensive 
care units, the electrophysiology laboratories, and the hospital 
laboratories.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Number of
                 Activity                      Number of      responses per     Total annual          Average burden per response          Total hours
                                              respondents       respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adverse event reporting...................             250               15            3,750   0.75 (45 minutes).......................           2,813
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.



[[Page 6568]]

    Dated: January 13, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-01187 Filed 1-18-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                  6566                         Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices

                                                     2. Are there categories of genome                    voluntary premarket consultation                       public comment in response to the
                                                  edited plant varieties for which there                  process, foods from genome edited                      notice. This notice solicits comments on
                                                  are scientific bases to conclude that                   crops with modifications that could                    the Adverse Event Program for Medical
                                                  foods from such categories are unlikely                 have been achieved through traditional                 Devices (Medical Product Safety
                                                  to present food safety risks different                  breeding.                                              Network (MedSun)).
                                                  from or greater than those for traditional                 3. Are there categories of genome                   DATES: Submit either electronic or
                                                  plant breeding? Similarly, are there                    edited plant varieties for which there                 written comments on the collection of
                                                  categories of genome edited plant                       are scientific bases to conclude that                  information by March 20, 2017.
                                                  varieties for which the regulatory status               foods from these categories are more                   ADDRESSES: You may submit comments
                                                  of the food derived from such plant                     likely than traditionally-bred plants to               as follows:
                                                  varieties can be said to be no different                present food safety risks? If so, please
                                                  from that of traditionally-bred plants? If              describe the characteristics of these                  Electronic Submissions
                                                  there are such categories, is there a basis             categories (including, for example,                      Submit electronic comments in the
                                                  upon which to determine that there                      information about the types of                         following way:
                                                  would be no reason to include them in                   phenotypes and modifications                             • Federal eRulemaking Portal: http://
                                                  any voluntary premarket consultation                    (insertions, deletions or substitutions)               www.regulations.gov. Follow the
                                                  process? If so, please describe the                     achieved through genome editing) and                   instructions for submitting comments.
                                                  characteristics of such categories                      provide data and/or information to                     Comments submitted electronically,
                                                  (including, for example, information                    support why plant varieties in these                   including attachments, to http://
                                                  about the types of phenotypes and                       categories are more likely to present                  www.regulations.gov will be posted to
                                                  modifications (insertions, deletions or                 food safety risks than traditionally-bred              the docket unchanged. Because your
                                                  substitutions) achieved through genome                  plants.                                                comment will be made public, you are
                                                  editing) and provide data and/or                           4. What steps can we take to help                   solely responsible for ensuring that your
                                                  information for why plant varieties in                  small firms, including those who may                   comment does not include any
                                                  these categories are unlikely to present                be considering using genome editing to                 confidential information that you or a
                                                  food safety risks or regulatory status                  produce new plant varieties for use in
                                                  questions. Regulatory status questions                                                                         third party may not wish to be posted,
                                                                                                          human or animal food, to engage with                   such as medical information, your or
                                                  may include, for example, whether food                  FDA about any questions related to food
                                                  from the new plant variety contains an                                                                         anyone else’s Social Security number, or
                                                                                                          safety or the regulatory status of foods               confidential business information, such
                                                  unapproved food or color additive such                  from their new plant varieties? Please
                                                  that premarket review and approval is                                                                          as a manufacturing process. Please note
                                                                                                          provide supporting data and other                      that if you include your name, contact
                                                  required (see sections 409 and 721 of                   information to support your comments
                                                  the FD&C Act). As another example, if                                                                          information, or other information that
                                                                                                          and responses to this question.                        identifies you in the body of your
                                                  food from the new plant variety has a
                                                  different nutritional profile from food                   Dated: January 11, 2017.                             comments, that information will be
                                                  from traditionally-bred plants, then                    Leslie Kux,                                            posted on http://www.regulations.gov.
                                                  certain labeling may be required to                     Associate Commissioner for Policy.                       • If you want to submit a comment
                                                  disclose a material change in the food.                 [FR Doc. 2017–00840 Filed 1–18–17; 8:45 am]            with confidential information that you
                                                     a. If such categories exist, how do                  BILLING CODE 4164–01–P
                                                                                                                                                                 do not wish to be made available to the
                                                  plant developers ensure the safety of                                                                          public, submit the comment as a
                                                  foods from new plant varieties in these                                                                        written/paper submission and in the
                                                  categories? For example, how are safety                 DEPARTMENT OF HEALTH AND                               manner detailed (see ‘‘Written/Paper
                                                  assessments of foods from these                         HUMAN SERVICES                                         Submissions’’ and ‘‘Instructions’’).
                                                  varieties accomplished, and what data                                                                          Written/Paper Submissions
                                                  and information are or should be                        Food and Drug Administration
                                                  considered in such assessments?                                                                                   Submit written/paper submissions as
                                                                                                          [Docket No. FDA–2017–N–0084]                           follows:
                                                     b. If certain categories of genome
                                                  edited plants do not raise questions of                                                                           • Mail/Hand delivery/Courier (for
                                                                                                          Agency Information Collection
                                                  safety or regulatory status, should there                                                                      written/paper submissions): Division of
                                                                                                          Activities; Proposed Collection;
                                                  nevertheless be a mechanism separate                                                                           Dockets Management (HFA–305), Food
                                                                                                          Comment Request; Adverse Event
                                                  from the voluntary premarket                                                                                   and Drug Administration, 5630 Fishers
                                                                                                          Program for Medical Devices (Medical
                                                  consultation process through which                                                                             Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                          Product Safety Network)
                                                  plant developers may voluntarily notify                                                                           • For written/paper comments
                                                  FDA about their intent to market a food                 AGENCY:    Food and Drug Administration,               submitted to the Division of Dockets
                                                  derived from a genome edited new plant                  HHS.                                                   Management, FDA will post your
                                                  variety that falls within these                         ACTION:   Notice.                                      comment, as well as any attachments,
                                                  categories? If so, what process should                                                                         except for information submitted,
                                                  plant developers use to notify FDA?                     SUMMARY:  The Food and Drug                            marked and identified, as confidential,
                                                  What kind of information should be                      Administration (FDA) is announcing an                  if submitted as detailed in
                                                  included in such a notification to FDA?                 opportunity for public comment on the                  ‘‘Instructions.’’
                                                     c. Given that genome editing                         proposed collection of certain                            Instructions: All submissions received
                                                  techniques can give rise to a broad range               information by the Agency. Under the                   must include the Docket No. FDA–
mstockstill on DSK3G9T082PROD with NOTICES




                                                  of plant modifications, from simple gene                Paperwork Reduction Act of 1995 (the                   2017–N–0084 for ‘‘Adverse Event
                                                  deletions to totally novel genes, and that              PRA), Federal Agencies are required to                 Program for Medical Devices (Medical
                                                  some such modifications can be                          publish notice in the Federal Register                 Product Safety Network (MedSun)).’’
                                                  achieved through traditional breeding,                  concerning each proposed collection of                 Received comments will be placed in
                                                  please discuss the basis upon which to                  information, including each proposed                   the docket and, except for those
                                                  determine that there would or would                     extension of an existing collection of                 submitted as ‘‘Confidential
                                                  not be a reason to include, in any                      information, and to allow 60 days for                  Submissions,’’ publicly viewable at


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                                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices                                                      6567

                                                  http://www.regulations.gov or at the                            SUPPLEMENTARY INFORMATION:       Under the             and Drug Administration Modernization
                                                  Division of Dockets Management                                  PRA (44 U.S.C. 3501–3520), Federal                     Act of 1997 (Pub. L. 105–115) amended
                                                  between 9 a.m. and 4 p.m., Monday                               Agencies must obtain approval from the                 section 519(b) of the FD&C Act relating
                                                  through Friday.                                                 Office of Management and Budget                        to mandatory reporting by user facilities
                                                     • Confidential Submissions—To                                (OMB) for each collection of                           of deaths, serious injuries, and serious
                                                  submit a comment with confidential                              information they conduct or sponsor.                   illnesses associated with the use of
                                                  information that you do not wish to be                          ‘‘Collection of information’’ is defined               medical devices. This amendment
                                                  made publicly available, submit your                            in 44 U.S.C. 3502(3) and 5 CFR                         legislated the replacement of universal
                                                  comments only as a written/paper                                1320.3(c) and includes Agency requests                 user facility reporting by a system that
                                                  submission. You should submit two                               or requirements that members of the                    is limited to a ‘‘subset of user facilities
                                                  copies total. One copy will include the                         public submit reports, keep records, or                that constitutes a representative profile
                                                  information you claim to be confidential                        provide information to a third party.                  of user reports’’ for device-related
                                                  with a heading or cover note that states                        Section 3506(c)(2)(A) of the PRA (44                   deaths and serious injuries. This
                                                  ‘‘THIS DOCUMENT CONTAINS                                        U.S.C. 3506(c)(2)(A)) requires Federal                 amendment is reflected in section
                                                  CONFIDENTIAL INFORMATION.’’ The                                 Agencies to provide a 60-day notice in                 519(b)(5)(A) of the FD&C Act. This
                                                  Agency will review this copy, including                         the Federal Register concerning each                   legislation provides FDA with the
                                                  the claimed confidential information, in                        proposed collection of information,                    opportunity to design and implement a
                                                  its consideration of comments. The                              including each proposed extension of an                national surveillance network,
                                                  second copy, which will have the                                existing collection of information,                    composed of well-trained clinical
                                                  claimed confidential information                                before submitting the collection to OMB                facilities, to provide high-quality data
                                                  redacted/blacked out, will be available                         for approval. To comply with this                      on medical devices in clinical use. This
                                                  for public viewing and posted on http://                        requirement, FDA is publishing notice                  system is called MedSun.
                                                  www.regulations.gov. Submit both                                of the proposed collection of                             FDA is seeking OMB clearance to
                                                  copies to the Division of Dockets                               information set forth in this document.                continue to use electronic data
                                                  Management. If you do not wish your                                With respect to the following                       collection to obtain the information on
                                                  name and contact information to be                              collection of information, FDA invites                 Form FDA 3500A (approved under
                                                  made publicly available, you can                                comments on these topics: (1) Whether                  OMB control number 0910–0291)
                                                  provide this information on the cover                           the proposed collection of information                 related to medical devices and tissue
                                                  sheet and not in the body of your                               is necessary for the proper performance                products from the user facilities
                                                  comments and you must identify this                             of FDA’s functions, including whether                  participating in MedSun, to obtain a
                                                  information as ‘‘confidential.’’ Any                            the information will have practical                    demographic profile of the facilities,
                                                  information marked as ‘‘confidential’’                          utility; (2) the accuracy of FDA’s                     and for additional questions which will
                                                  will not be disclosed except in                                 estimate of the burden of the proposed                 permit FDA to better understand the
                                                  accordance with 21 CFR 10.20 and other                          collection of information, including the               cause of reported adverse events.
                                                  applicable disclosure law. For more                             validity of the methodology and                        Participation in the program is
                                                  information about FDA’s posting of                              assumptions used; (3) ways to enhance                  voluntary and includes approximately
                                                  comments to public dockets, see 80 FR                           the quality, utility, and clarity of the               250 facilities.
                                                  56469, September 18, 2015, or access                            information to be collected; and (4)                      In addition to collecting data on the
                                                  the information at: http://www.fda.gov/                         ways to minimize the burden of the                     electronic adverse event report form,
                                                  regulatoryinformation/dockets/                                  collection of information on                           MedSun collects additional information
                                                  default.htm.                                                    respondents, including through the use                 from participating sites about reported
                                                                                                                  of automated collection techniques,                    problems emerging from the MedSun
                                                     Docket: For access to the docket to
                                                                                                                  when appropriate, and other forms of                   hospitals. This data collection is also
                                                  read background documents or the
                                                                                                                  information technology.                                voluntary and is collected on the same
                                                  electronic and written/paper comments
                                                                                                                                                                         Web site as the report information.
                                                  received, go to http://                                         Adverse Event Program for Medical                         The burden estimate is based on the
                                                  www.regulations.gov and insert the                              Devices (Medical Product Safety                        number of facilities participating in
                                                  docket number, found in brackets in the                         Network (MedSun))—OMB Control                          MedSun (250). FDA estimates an
                                                  heading of this document, into the                              Number 0910–0471—Extension                             average of 15 reports per site annually.
                                                  ‘‘Search’’ box and follow the prompts
                                                                                                                    Under section 519 of the Federal                     This estimate is based on MedSun
                                                  and/or go to the Division of Dockets
                                                                                                                  Food, Drug, and Cosmetic Act (the                      working to promote reporting in general
                                                  Management, 5630 Fishers Lane, Rm.
                                                                                                                  FD&C Act) (21 U.S.C. 360i) authorizes                  from the sites, as well as promoting
                                                  1061, Rockville, MD 20852.
                                                                                                                  FDA to require (1) manufacturers to                    reporting from specific parts of the
                                                  FOR FURTHER INFORMATION CONTACT:    FDA                         report medical device-related deaths,                  hospitals, such as the pediatric
                                                  PRA Staff, Office of Operations, Food                           serious injuries, and malfunctions; and                intensive care units, the
                                                  and Drug Administration, Three White                            (2) user facilities to report device-related           electrophysiology laboratories, and the
                                                  Flint North, 10A63, 11601 Landsdown                             deaths directly to manufacturers and                   hospital laboratories.
                                                  St., North Bethesda, MD 20852,                                  FDA and serious injuries to the                           FDA estimates the burden of this
                                                  PRAStaff@fda.hhs.gov.                                           manufacturer. Section 213 of the Food                  collection of information as follows:

                                                                                                       TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                             Number of
                                                                                                                          Number of                             Total annual      Average burden per
                                                                              Activity                                                     responses per                                                    Total hours
                                                                                                                         respondents                             responses             response
                                                                                                                                             respondent

                                                  Adverse event reporting ...........................................        250                  15               3,750         0.75 (45 minutes) ......     2,813
                                                     1 There   are no capital costs or operating and maintenance costs associated with this collection of information.



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                                                  6568                         Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices

                                                    Dated: January 13, 2017.                                • Federal eRulemaking Portal:                        CONFIDENTIAL INFORMATION.’’ The
                                                  Leslie Kux,                                             https://www.regulations.gov. Follow the                Agency will review this copy, including
                                                  Associate Commissioner for Policy.                      instructions for submitting comments.                  the claimed confidential information, in
                                                  [FR Doc. 2017–01187 Filed 1–18–17; 8:45 am]             Comments submitted electronically,                     its consideration of comments. The
                                                  BILLING CODE 4164–01–P                                  including attachments, to https://                     second copy, which will have the
                                                                                                          www.regulations.gov will be posted to                  claimed confidential information
                                                                                                          the docket unchanged. Because your                     redacted/blacked out, will be available
                                                  DEPARTMENT OF HEALTH AND                                comment will be made public, you are                   for public viewing and posted on
                                                  HUMAN SERVICES                                          solely responsible for ensuring that your              https://www.regulations.gov. Submit
                                                                                                          comment does not include any                           both copies to the Division of Dockets
                                                  Food and Drug Administration                            confidential information that you or a                 Management. If you do not wish your
                                                  [Docket No. FDA–2016–D–1307]                            third party may not wish to be posted,                 name and contact information to be
                                                                                                          such as medical information, your or                   made publicly available, you can
                                                  Drug and Device Manufacturer                            anyone else’s Social Security number, or               provide this information on the cover
                                                  Communications With Payors,                             confidential business information, such                sheet and not in the body of your
                                                  Formulary Committees, and Similar                       as a manufacturing process. Please note                comments and you must identify this
                                                  Entities—Questions and Answers;                         that if you include your name, contact                 information as ‘‘confidential.’’ Any
                                                  Draft Guidance for Industry and                         information, or other information that                 information marked as ‘‘confidential’’
                                                  Review Staff; Availability                              identifies you in the body of your                     will not be disclosed except in
                                                                                                          comments, that information will be                     accordance with 21 CFR 10.20 and other
                                                  AGENCY:    Food and Drug Administration,                posted on https://www.regulations.gov.                 applicable disclosure law. For more
                                                  HHS.                                                      • If you want to submit a comment                    information about FDA’s posting of
                                                  ACTION:   Notice of availability.                       with confidential information that you                 comments to public dockets, see 80 FR
                                                                                                          do not wish to be made available to the                56469, September 18, 2015, or access
                                                  SUMMARY:    The Food and Drug
                                                                                                          public, submit the comment as a                        the information at: http://www.fda.gov/
                                                  Administration (FDA or Agency) is
                                                                                                          written/paper submission and in the                    regulatoryinformation/dockets/
                                                  announcing the availability of a draft
                                                                                                          manner detailed (see ‘‘Written/Paper                   default.htm.
                                                  guidance for industry and review staff
                                                                                                          Submissions’’ and ‘‘Instructions’’).                      Docket: For access to the docket to
                                                  entitled ‘‘Drug and Device Manufacturer
                                                  Communications With Payors,                             Written/Paper Submissions                              read background documents or the
                                                  Formulary Committees, and Similar                                                                              electronic and written/paper comments
                                                                                                             Submit written/paper submissions as
                                                  Entities—Questions and Answers.’’ This                                                                         received, go to https://
                                                                                                          follows:
                                                  draft guidance provides answers to                         • Mail/Hand delivery/Courier (for                   www.regulations.gov and insert the
                                                  common questions regarding the                          written/paper submissions): Division of                docket number, found in brackets in the
                                                  communication of health care economic                   Dockets Management (HFA–305), Food                     heading of this document, into the
                                                  information (HCEI) about approved                       and Drug Administration, 5630 Fishers                  ‘‘Search’’ box and follow the prompts
                                                  prescription drugs by medical product                   Lane, Rm. 1061, Rockville, MD 20852.                   and/or go to the Division of Dockets
                                                  manufacturers, packers, distributers,                      • For written/paper comments                        Management, 5630 Fishers Lane, Rm.
                                                  and their representatives (firms) to                    submitted to the Division of Dockets                   1061, Rockville, MD 20852.
                                                  payors, formulary committees, or other                  Management, FDA will post your                            Submit written requests for single
                                                  similar entities with knowledge and                     comment, as well as any attachments,                   copies of this draft guidance to the
                                                  expertise in the area of health care                    except for information submitted,                      Division of Drug Information, Center for
                                                  economic analysis (collectively referred                marked and identified, as confidential,                Drug Evaluation and Research, Food
                                                  to as payors). This draft guidance also                 if submitted as detailed in                            and Drug Administration, 10001 New
                                                  provides answers to common questions                    ‘‘Instructions.’’                                      Hampshire Ave., Hillandale Building,
                                                  about firms’ communications regarding                      Instructions: All submissions received              4th Floor, Silver Spring, MD 20993–
                                                  investigational drugs and devices                       must include the Docket No. FDA–                       0002; the Office of Communication,
                                                  (investigational products) to payors                    2016–D–1307 for ‘‘Drug and Device                      Outreach and Development, Center for
                                                  before FDA approval or clearance of                     Manufacturer Communications With                       Biologics Evaluation and Research,
                                                  such products. The Agency is issuing                    Payors, Formulary Committees, and                      Food and Drug Administration, 10903
                                                  this draft guidance to explain FDA’s                    Similar Entities—Questions and                         New Hampshire Ave., Bldg. 71, Rm.
                                                  current thinking on frequently asked                    Answers.’’ Received comments will be                   3128, Silver Spring, MD 20993–0002;
                                                  questions regarding such                                placed in the docket and, except for                   the Office of the Center Director,
                                                  communications in order to provide                      those submitted as ‘‘Confidential                      Guidance and Policy Development,
                                                  clarity for firms and payors.                           Submissions,’’ publicly viewable at                    Center for Devices and Radiological
                                                  DATES: Although you can comment on                      https://www.regulations.gov or at the                  Health, Food and Drug Administration,
                                                  any guidance at any time (see 21 CFR                    Division of Dockets Management                         10903 New Hampshire Ave., Bldg.66,
                                                  10.115(g)(5)), to ensure that the Agency                between 9 a.m. and 4 p.m., Monday                      Rm. 5431, Silver Spring, MD 20993–
                                                  considers your comment on this draft                    through Friday.                                        0002. Send one self-addressed adhesive
                                                  guidance before it begins work on the                      • Confidential Submissions—To                       label to assist that office in processing
                                                  final version of the guidance, submit                   submit a comment with confidential                     your requests. See the SUPPLEMENTARY
                                                  either electronic or written comments                   information that you do not wish to be                 INFORMATION section for electronic
mstockstill on DSK3G9T082PROD with NOTICES




                                                  on the draft guidance by April 19, 2017.                made publicly available, submit your                   access to this draft guidance document.
                                                  ADDRESSES: You may submit comments                      comments only as a written/paper                       FOR FURTHER INFORMATION CONTACT:
                                                  as follows:                                             submission. You should submit two                      Elaine Hu Cunningham, Center for Drug
                                                                                                          copies total. One copy will include the                Evaluation and Research, Food and
                                                  Electronic Submissions                                  information you claim to be confidential               Drug Administration, 10903 New
                                                    Submit electronic comments in the                     with a heading or cover note that states               Hampshire Ave., Bldg. 51, Rm. 3203,
                                                  following way:                                          ‘‘THIS DOCUMENT CONTAINS                               Silver Spring, MD 20993–0002, 301–


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Document Created: 2018-02-01 15:15:43
Document Modified: 2018-02-01 15:15:43
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 March 20, 2017.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, [email protected]
FR Citation82 FR 6566 

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