82_FR_7852 82 FR 7839 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Premarket Approval of Medical Devices

82 FR 7839 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Premarket Approval of Medical Devices

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 13 (January 23, 2017)

Page Range7839-7841
FR Document2017-01188

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Federal Register, Volume 82 Issue 13 (Monday, January 23, 2017)
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7839-7841]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01188]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

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


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Premarket Approval of 
Medical Devices

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by 
February 22, 2017.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0231. 
Also include the FDA docket number found in brackets in the heading of 
this document.

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: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Premarket Approval of Medical Devices--OMB Control Number 0910-0231--
Extension

    Under section 515 of the Federal Food, Drug, and Cosmetic Act (the 
FD&C Act) (21 U.S.C. 360e) all devices placed into class III by FDA are 
subject to premarket approval (PMA) requirements. PMA is the process of 
scientific and regulatory review to ensure the safety and effectiveness 
of class III devices. An approved PMA is, in effect, a private license 
granted to the applicant for marketing a particular medical device. A 
class III device that fails to meet PMA requirements is considered to 
be adulterated under section 501(f) of the FD&C Act (21 U.S.C. 351(f)) 
and cannot be marketed. PMA requirements apply differently to 
preamendments devices, postamendments devices, and transitional class 
III devices.
    Manufacturers of class III preamendments devices, devices that were 
in commercial distribution before May 28, 1976, are not required to 
submit a PMA until 30 months after the issuance of a final 
classification regulation or until 90 days after the publication of a 
final regulation requiring the submission of a PMA, whichever period is 
later. FDA may allow more than 90 days after issuance of a final rule 
for submission of a PMA.
    A postamendments device is one that was first distributed 
commercially on or after May 28, 1976. Postamendments devices 
determined by FDA to be substantially equivalent to preamendments class 
III devices are subject to the same requirements as the preamendments 
devices. FDA determines substantial equivalence after reviewing an 
applicant's premarket notification submitted in accordance with section 
510(k) of the FD&C Act (21 U.S.C. 360(k)). Postamendments devices 
determined by FDA to be not substantially equivalent to either 
preamendments devices or postamendments devices classified into class I 
or II are ``new'' devices and fall automatically into class III. Before 
such devices can be marketed, they must have an approved PMA 
application or be must reclassified into class I or class II.
    The Food and Drug Modernization Act of 1997 (FDAMA) (Pub. L. 105-
115) was enacted on November 21, 1997, to implement revisions to the 
FD&C Act by streamlining the process of bringing safe and effective 
drugs, medical devices, and other therapies to the U.S. market. FDAMA 
added section 515(d)(6) to the FD&C Act (21 U.S.C. 360e(d)(6)), which 
provided that PMA supplements were required for all device changes that 
affect safety and effectiveness unless such changes are modifications 
to manufacturing procedures or method of manufacture. That type of 
manufacturing change will require a 30-day notice, or where FDA finds 
such notice inadequate, a 135-day PMA supplement.
    The implementing regulations, contained in part 814 (21 CFR part 
814), further specify the contents of a PMA for a medical device and 
the criteria FDA will employ in approving, denying, or withdrawing 
approval of a PMA and supplements to PMAs. The regulations' purpose is 
to establish an efficient and thorough procedure for FDA's review of 
PMAs and supplements to PMAs for class III medical devices. The 
regulations facilitate the approval of PMAs and supplements to PMAs for 
devices that have been shown to be reasonably safe and effective and 
otherwise meet the statutory criteria for approval. The regulations 
also ensure the denial of PMAs and supplements to PMAs for devices that 
have not been shown to be reasonably safe and effective and that do not 
otherwise meet the statutory criteria for approval.
    The industry-wide burden estimate for PMAs is based on an FDA 
average fiscal year (FY) annual rate of receipt of PMA submissions data 
FYs 2013 through 2015 and our expectation of submissions to come in the 
next few years. The burden data for PMAs is based on data provided by 
applicants by device type and cost element in an earlier study.
    Reporting Burden: The reporting burden can be broken out by certain

[[Page 7840]]

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

Recordkeeping

    Sec.  814.82(a)(5) and (a)(6)--Maintenance of Records. The 
recordkeeping burden under this section requires the maintenance of 
records, used to trace patients and the organization and indexing of 
records into identifiable files to ensure the device's continued safety 
and effectiveness. These records are required of all applicants who 
have an approved PMA.
    PMAs have been required since 1976, and there are 725 active PMAs 
that could be subject to these requirements, based on actual FDA data, 
and approximately 30 new PMAs are approved every year. The aggregate 
burden for the estimated 422 PMA holders of approved original PMAs for 
the next few years is estimated to be 7,174 hours.
    The applicant determines which records should be maintained during 
product development to document and/or substantiate the device's safety 
and effectiveness. Records required by the

[[Page 7841]]

current good manufacturing practices for medical devices regulation (21 
CFR part 820) may be relevant to a PMA review and may be submitted as 
part of an application. In individual instances, records may be 
required as conditions of approval to ensure the device's continuing 
safety and effectiveness.
    In the Federal Register of October 19, 2016 (81 FR 72063), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as 
follows:

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


                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                      Activity/21 CFR section                           Number of       records per      Total annual   Average  burden    Total hours
                                                                      recordkeepers     recordkeeper      responses      per  response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maintenance of records (814.82(a)(5) and (a)(6))...................             422                1              422               17            7,174
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


    Dated: January 13, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-01188 Filed 1-19-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices                                             7839

                                                  immunogenicity safety data, FDA                         ADDRESSES:   To ensure that comments on                determines substantial equivalence after
                                                  cannot conclude that ACTHAR GEL                         the information collection are received,               reviewing an applicant’s premarket
                                                  SYNTHETIC would be safe for human                       OMB recommends that written                            notification submitted in accordance
                                                  use if it were introduced to the market                 comments be faxed to the Office of                     with section 510(k) of the FD&C Act (21
                                                  today.                                                  Information and Regulatory Affairs,                    U.S.C. 360(k)). Postamendments devices
                                                    Accordingly, the Agency will remove                   OMB, Attn: FDA Desk Officer, FAX:                      determined by FDA to be not
                                                  ACTHAR GEL SYNTHETIC (seractide                         202–395–7285, or emailed to oira_                      substantially equivalent to either
                                                  acetate) injection, 80 units/mL and 40                  submission@omb.eop.gov. All                            preamendments devices or
                                                  units/mL, from the list of drug products                comments should be identified with the                 postamendments devices classified into
                                                  published in the Orange Book. FDA will                  OMB control number 0910–0231. Also                     class I or II are ‘‘new’’ devices and fall
                                                  not accept or approve ANDAs that refer                  include the FDA docket number found                    automatically into class III. Before such
                                                  to this drug product.                                   in brackets in the heading of this                     devices can be marketed, they must
                                                  III. References                                         document.                                              have an approved PMA application or
                                                                                                          FOR FURTHER INFORMATION CONTACT: FDA                   be must reclassified into class I or class
                                                     The following references have been                                                                          II.
                                                  placed on display in the Division of                    PRA Staff, Office of Operations, Food
                                                                                                          and Drug Administration, Three White                       The Food and Drug Modernization
                                                  Dockets Management (HFA–305), Food                                                                             Act of 1997 (FDAMA) (Pub. L. 105–115)
                                                  and Drug Administration, 5630 Fishers                   Flint North 10A63, 11601 Landsdown
                                                                                                          St., North Bethesda, MD 20852,                         was enacted on November 21, 1997, to
                                                  Lane, Rm. 1061, Rockville, MD 20852,
                                                                                                          PRAStaff@fda.hhs.gov.                                  implement revisions to the FD&C Act by
                                                  and are available for viewing by
                                                                                                          SUPPLEMENTARY INFORMATION: In
                                                                                                                                                                 streamlining the process of bringing safe
                                                  interested persons between 9 a.m. and 4
                                                                                                          compliance with 44 U.S.C. 3507, FDA                    and effective drugs, medical devices,
                                                  p.m., Monday through Friday; they are
                                                                                                          has submitted the following proposed                   and other therapies to the U.S. market.
                                                  also available electronically at https://
                                                                                                          collection of information to OMB for                   FDAMA added section 515(d)(6) to the
                                                  www.regulations.gov.
                                                                                                          review and clearance.                                  FD&C Act (21 U.S.C. 360e(d)(6)), which
                                                  1. Armour Pharmaceutical Co., ‘‘ACTHAR®                                                                        provided that PMA supplements were
                                                       Gel Synthetic (SERACTIDE ACETATE),                 Premarket Approval of Medical                          required for all device changes that
                                                       Synthetic Corticotropin,’’ Product                 Devices—OMB Control Number 0910–
                                                       Labeling, 1979.
                                                                                                                                                                 affect safety and effectiveness unless
                                                  2. Lee, T. H., A. B. Lerner, and V. Buettner-           0231—Extension                                         such changes are modifications to
                                                       Janusch, ‘‘On the Structure of Human                  Under section 515 of the Federal                    manufacturing procedures or method of
                                                       Corticotropin (Adrenocorticotropic                 Food, Drug, and Cosmetic Act (the                      manufacture. That type of
                                                       Hormone),’’ The Journal of Biological              FD&C Act) (21 U.S.C. 360e) all devices                 manufacturing change will require a 30-
                                                       Chemistry, vol. 236, pp. 2970–2974,                                                                       day notice, or where FDA finds such
                                                       1961.
                                                                                                          placed into class III by FDA are subject
                                                                                                          to premarket approval (PMA)                            notice inadequate, a 135-day PMA
                                                  3. FDA, ‘‘Seractide Acetate: Institutional
                                                                                                          requirements. PMA is the process of                    supplement.
                                                       Summary of Basis of Approval,’’ August
                                                       22, 1977.                                          scientific and regulatory review to                        The implementing regulations,
                                                                                                          ensure the safety and effectiveness of                 contained in part 814 (21 CFR part 814),
                                                    Dated: January 13, 2017.
                                                                                                          class III devices. An approved PMA is,                 further specify the contents of a PMA
                                                  Leslie Kux,                                                                                                    for a medical device and the criteria
                                                                                                          in effect, a private license granted to the
                                                  Associate Commissioner for Policy.                                                                             FDA will employ in approving, denying,
                                                                                                          applicant for marketing a particular
                                                  [FR Doc. 2017–01249 Filed 1–19–17; 8:45 am]                                                                    or withdrawing approval of a PMA and
                                                                                                          medical device. A class III device that
                                                  BILLING CODE 4164–01–P
                                                                                                          fails to meet PMA requirements is                      supplements to PMAs. The regulations’
                                                                                                          considered to be adulterated under                     purpose is to establish an efficient and
                                                                                                          section 501(f) of the FD&C Act (21                     thorough procedure for FDA’s review of
                                                  DEPARTMENT OF HEALTH AND                                                                                       PMAs and supplements to PMAs for
                                                                                                          U.S.C. 351(f)) and cannot be marketed.
                                                  HUMAN SERVICES                                                                                                 class III medical devices. The
                                                                                                          PMA requirements apply differently to
                                                                                                          preamendments devices,                                 regulations facilitate the approval of
                                                  Food and Drug Administration
                                                                                                          postamendments devices, and                            PMAs and supplements to PMAs for
                                                  [Docket No. FDA–2013–N–0825]                            transitional class III devices.                        devices that have been shown to be
                                                                                                             Manufacturers of class III                          reasonably safe and effective and
                                                  Agency Information Collection                           preamendments devices, devices that                    otherwise meet the statutory criteria for
                                                  Activities; Submission for Office of                    were in commercial distribution before                 approval. The regulations also ensure
                                                  Management and Budget Review;                           May 28, 1976, are not required to submit               the denial of PMAs and supplements to
                                                  Comment Request; Premarket                              a PMA until 30 months after the                        PMAs for devices that have not been
                                                  Approval of Medical Devices                             issuance of a final classification                     shown to be reasonably safe and
                                                  AGENCY:    Food and Drug Administration,                regulation or until 90 days after the                  effective and that do not otherwise meet
                                                  HHS.                                                    publication of a final regulation                      the statutory criteria for approval.
                                                  ACTION:   Notice.                                       requiring the submission of a PMA,                         The industry-wide burden estimate
                                                                                                          whichever period is later. FDA may                     for PMAs is based on an FDA average
                                                  SUMMARY:   The Food and Drug                            allow more than 90 days after issuance                 fiscal year (FY) annual rate of receipt of
                                                  Administration (FDA) is announcing                      of a final rule for submission of a PMA.               PMA submissions data FYs 2013
                                                  that a proposed collection of                              A postamendments device is one that                 through 2015 and our expectation of
mstockstill on DSK3G9T082PROD with NOTICES




                                                  information has been submitted to the                   was first distributed commercially on or               submissions to come in the next few
                                                  Office of Management and Budget                         after May 28, 1976. Postamendments                     years. The burden data for PMAs is
                                                  (OMB) for review and clearance under                    devices determined by FDA to be                        based on data provided by applicants by
                                                  the Paperwork Reduction Act of 1995.                    substantially equivalent to                            device type and cost element in an
                                                  DATES: Fax written comments on the                      preamendments class III devices are                    earlier study.
                                                  collection of information by February                   subject to the same requirements as the                    Reporting Burden: The reporting
                                                  22, 2017.                                               preamendments devices. FDA                             burden can be broken out by certain


                                             VerDate Sep<11>2014   19:02 Jan 19, 2017   Jkt 241001   PO 00000   Frm 00057   Fmt 4703   Sfmt 4703   E:\FR\FM\23JAN1.SGM   23JAN1


                                                  7840                          Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices

                                                  sections of the PMA regulations and the                 category averaged 88 per year based on                   • Availability is in the best interest of
                                                  FD&C Act as follows:                                    the numbers received from FYs 2013                     the patients.
                                                     § 814.15(b)—Research Conducted                       through 2015. Because of the minimal                     Agreement Meeting—Section 520(g)(7)
                                                  Outside the United States. Each foreign                 data required to be included in this type              of the FD&C Act (21 U.S.C. 360j(g)(7)).
                                                  study should be performed in                            of supplement, FDA estimates that the                  Applicants planning to submit a PMA
                                                  accordance with the ‘‘Declaration of                    number of burden hours necessary to                    may submit a written request to reach
                                                  Helsinki’’ or the laws and regulations of               satisfy this requirement is 528.                       agreement with FDA on the key
                                                  the country in which the study was                         § 814.39(f)—30-Day Notice. Under                    parameters of the investigational plan.
                                                  conducted. If the study was conducted                   section 515(d) of the FD&C Act,                          Determination Meeting—Section
                                                  in accordance with the laws of the                      modifications to manufacturing                         513(a)(3)(D) of the FD&C Act (21 U.S.C.
                                                  country, the PMA applicant is required                  procedures or methods of manufacture                   360c(a)(3)(D)). Applicants planning to
                                                  to explain to FDA in detail the                         that affect the safety and effectiveness of            submit a PMA may submit a written
                                                  differences between the laws of the                     a device subject to an approved PMA do                 request to FDA for a meeting to
                                                  country and the ‘‘Declaration of                        not require submission of a PMA                        determine the type of information (valid
                                                  Helsinki.’’ Based on the number of                      supplement under paragraph (a) of this                 scientific evidence) necessary to support
                                                  PMAs received that contained studies                    section and are eligible to be the subject             the effectiveness of their device.
                                                  from overseas, FDA estimates that the                   of a 30-day notice. A 30-day notice shall                Panel of Experts—Section 515(c)(3) of
                                                  burden estimate necessary to meet this                  describe in detail the change,                         the FD&C Act. An original PMA or
                                                  requirement is 50 hours.                                summarize the data or information                      panel track PMA supplement is taken to
                                                     § 814.20—Application. Included in                    supporting the change, and state that the              an advisory panel of experts unless FDA
                                                  this requirement is the conduct of                      change has been made in accordance                     determines that the information in the
                                                  laboratory and clinical trials, as well as              with the requirements of part 820 (21                  application substantially duplicates
                                                  the analysis, review, and physical                      CFR part 820). The applicant may                       information which has previously been
                                                  preparation of the PMA application.                     distribute the device 30 days after the                reviewed by the panel.
                                                  FDA estimates that 35 applicants,                                                                                Day 100 Meeting—Section 515(d)(3)
                                                                                                          date on which FDA receives the 30-day
                                                  including hospital remanufacturers of                                                                          of the FD&C Act. FDA must, upon the
                                                                                                          notice, unless FDA notifies the
                                                  single-use devices, will be affected by                                                                        written request of the applicant, meet
                                                                                                          applicant within 30 days from receipt of
                                                  these requirements which are based on                                                                          with that party within 100 days of
                                                                                                          the notice that it is not adequate.
                                                  the actual average of FDA receipt of new                                                                       receipt of the filed PMA application to
                                                                                                             § 814.82(a)(9)—Postapproval
                                                  PMA applications in FYs 2013 through                                                                           discuss the review status of the
                                                                                                          Requirements. Postapproval
                                                  2015. FDA’s estimate of the hours per                                                                          application. With the concurrence of the
                                                                                                          requirements concerns approved PMAs
                                                  response (668) was derived through                                                                             applicant, a different schedule may be
                                                                                                          that were not reclassified and require a
                                                  FDA’s experience and consultation with                                                                         established. Prior to this meeting, FDA
                                                                                                          periodic report. After approval, all
                                                  industry and trade associations. In                                                                            must inform the applicant in writing of
                                                                                                          PMAs require a submission of an annual
                                                  addition, FDA also based its estimate on                                                                       any identified deficiencies and what
                                                                                                          report. A majority of the submitted
                                                  the results of an earlier study that                                                                           information is required to correct those
                                                  accounts for the bulk of the hourly                     PMAs require associated post-approval
                                                                                                                                                                 deficiencies. FDA must also promptly
                                                  burden for this requirement, which is                   studies, i.e., followup of patients used in
                                                                                                                                                                 notify the applicant if FDA identifies
                                                  identified by applicants.                               clinical trials to support the PMA or
                                                                                                                                                                 additional deficiencies or of any
                                                     § 814.37(a) through (c) and (e)—PMA                  additional preclinical information that
                                                                                                                                                                 additional information required to
                                                  Amendments and Resubmitted PMAs.                        is labor-intensive to compile and
                                                                                                                                                                 complete Agency review.
                                                  As part of the review process, FDA often                complete; the remaining PMAs require
                                                  requests the PMA applicant to submit                    minimal information.                                   Recordkeeping
                                                  additional information regarding the                       § 814.84(b)—Periodic Reports.                          § 814.82(a)(5) and (a)(6)—
                                                  device necessary for FDA to file the                    Postapproval requirements described in                 Maintenance of Records. The
                                                  PMA or to complete its review and                       § 814.82(a)(7) require submission of an                recordkeeping burden under this section
                                                  make a final decision. The PMA                          annual report for each approved PMA.                   requires the maintenance of records,
                                                  applicant may, also on their own                        FDA estimates that respondents will                    used to trace patients and the
                                                  initiative, submit additional information               average about 10 hours in preparing                    organization and indexing of records
                                                  to FDA during the review process.                       their reports to meet this requirement.                into identifiable files to ensure the
                                                  These amendments contain information                    This estimate is based on FDA’s                        device’s continued safety and
                                                  ranging from additional test results and                experience and consultation with                       effectiveness. These records are required
                                                  re-analysis of the original data set to                 industry.                                              of all applicants who have an approved
                                                  revised device labeling. Almost all                        Expedited or Priority Review—Section                PMA.
                                                  PMAs received by the Agency have                        515(d)(5) of the FD&C Act. FDA will                       PMAs have been required since 1976,
                                                  amendments submitted during the                         provide special review, which can                      and there are 725 active PMAs that
                                                  review process.                                         include expedited processing of a PMA                  could be subject to these requirements,
                                                     § 814.39(a)—PMA Supplements. This                    application, for certain devices intended              based on actual FDA data, and
                                                  information collection includes the                     to treat or diagnose life threatening or               approximately 30 new PMAs are
                                                  requirements for the range of PMA                       irreversibly debilitating diseases or                  approved every year. The aggregate
                                                  supplements (panel track, 180-day fee-                  conditions. To receive special review,                 burden for the estimated 422 PMA
                                                  based, 180-day non fee-based, and real-                 the devices must meet one of the                       holders of approved original PMAs for
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                                                  time supplements).                                      following criteria:                                    the next few years is estimated to be
                                                     § 814.39(d)—Special PMA                                 • The device represents a                           7,174 hours.
                                                  Supplements—Changes Being Affected.                     breakthrough technology;                                  The applicant determines which
                                                  This type of supplement is intended to                     • There are no approved alternatives;               records should be maintained during
                                                  enhance the safety of the device or the                    • The use of the device offers                      product development to document and/
                                                  safe use of the device. The number of                   significant advantages over existing                   or substantiate the device’s safety and
                                                  PMA supplements received that fit this                  approved alternatives; or                              effectiveness. Records required by the


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                                                                                           Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices                                                                                                7841

                                                  current good manufacturing practices                                        records may be required as conditions of                                    comment on the proposed collection of
                                                  for medical devices regulation (21 CFR                                      approval to ensure the device’s                                             information. No comments were
                                                  part 820) may be relevant to a PMA                                          continuing safety and effectiveness.                                        received.
                                                  review and may be submitted as part of                                        In the Federal Register of October 19,
                                                                                                                                                                                                            FDA estimates the burden of this
                                                  an application. In individual instances,                                    2016 (81 FR 72063), FDA published a
                                                                                                                                                                                                          collection of information as follows:
                                                                                                                              60-day notice requesting public
                                                                                                                 TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                             Number of                                                Average
                                                                                                                                                  Number of                                            Total annual
                                                                  Activity/21 CFR or FD&C Act section                                                                      responses per                                            burden per              Total hours
                                                                                                                                                 respondents                                            responses
                                                                                                                                                                             respondent                                              response

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

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

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

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


                                                    Dated: January 13, 2017.                                                  would constitute a clearly unwarranted                                        Dated: January 13, 2017.
                                                  Leslie Kux,                                                                 invasion of personal privacy.                                               Natasha M. Copeland,
                                                  Associate Commissioner for Policy.                                            Name of Committee: National Institute on                                  Program Analyst, Office of Federal Advisory
                                                  [FR Doc. 2017–01188 Filed 1–19–17; 8:45 am]                                                                                                             Committee Policy.
                                                                                                                              Drug Abuse Special Emphasis Panel; Virtual
                                                  BILLING CODE 4164–01–P                                                      Reality Tools to Enhance Evidence-Based                                     [FR Doc. 2017–01253 Filed 1–19–17; 8:45 am]
                                                                                                                              Treatment of Substance Use Disorders (5583).                                BILLING CODE 4140–01–P
                                                                                                                                Date: February 1, 2017.
                                                  DEPARTMENT OF HEALTH AND                                                      Time: 8:00 a.m. to 4:00 p.m.
                                                  HUMAN SERVICES                                                                Agenda: To review and evaluate contract                                   DEPARTMENT OF HEALTH AND
                                                                                                                              proposals.                                                                  HUMAN SERVICES
                                                  National Institutes of Health                                                 Place: National Institutes of Health,
                                                                                                                                                                                                          National Institutes of Health
                                                  National Institute on Drug Abuse;                                           Neuroscience Center, 6001 Executive
                                                  Notice of Closed Meeting                                                    Boulevard, Rockville, MD 20852 (Telephone                                   National Institute of Biomedical
                                                                                                                              Conference Call).                                                           Imaging and Bioengineering; Notice of
                                                    Pursuant to section 10(d) of the                                            Contact Person: Gerald L. McLaughlin,                                     Closed Meeting
                                                  Federal Advisory Committee Act, as                                          Ph.D., Scientific Review Officer, Office of
                                                  amended (5 U.S.C. App), notice is                                           Extramural Policy and Review, National                                        Pursuant to section 10(d) of the
                                                  hereby given of the following meeting.                                      Institute on Drug Abuse, NIH, DHHS, 6001                                    Federal Advisory Committee Act, as
                                                    The meeting will be closed to the                                         Executive Blvd., Room 4238, MSC 9550,                                       amended (5 U.S.C. App.), notice is
                                                  public in accordance with the                                               Bethesda, MD 20892–9550, 301–827–5819,                                      hereby given of the following meeting.
                                                  provisions set forth in sections                                            gm145a@nih.gov.                                                               The meeting will be closed to the
                                                  552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,                                                                                                              public in accordance with the
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                              (Catalogue of Federal Domestic Assistance
                                                  as amended. The contract proposals and                                      Program No.: 93.279, Drug Abuse and                                         provisions set forth in sections
                                                  the discussions could disclose                                              Addiction Research Programs, National                                       552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
                                                  confidential trade secrets or commercial                                    Institutes of Health, HHS)                                                  as amended. The grant applications and
                                                  property such as patentable material,                                                                                                                   the discussions could disclose
                                                  and personal information concerning                                                                                                                     confidential trade secrets or commercial
                                                  individuals associated with the contract                                                                                                                property such as patentable material,
                                                  proposals, the disclosure of which                                                                                                                      and personal information concerning


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Document Created: 2017-01-20 01:29:36
Document Modified: 2017-01-20 01:29:36
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.
DatesFax written comments on the collection of information by February 22, 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 7839 

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