83_FR_45055 83 FR 44884 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Medical Device Labeling Regulations

83 FR 44884 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Medical Device Labeling Regulations

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 171 (September 4, 2018)

Page Range44884-44887
FR Document2018-19086

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 83 Issue 171 (Tuesday, September 4, 2018)
[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Notices]
[Pages 44884-44887]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19086]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1048]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Medical Device 
Labeling Regulations

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 October 
4, 2018.

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 0910-0485. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-8867, 
[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.

Medical Device Labeling Regulations--21 CFR Parts 800, 801, and 809

OMB Control Number 0910-0485--Extension

    Section 502 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) 
(21 U.S.C. 352), among other things, establishes requirements for the 
label or labeling of a medical device so that it is not misbranded and 
subject to a regulatory action. Certain provisions under section 502 of 
the FD&C Act require manufacturers, importers, and distributors of 
medical devices to disclose information about themselves or the devices 
on the labels or labeling for the devices.
    Section 502(b) of the FD&C Act requires that for packaged devices, 
the label must bear the name and place of business of the manufacturer, 
packer, or distributor; and an accurate statement of the quantity of 
the contents. Section 502(f) of the FD&C Act requires that the labeling 
for a device must contain adequate directions for use. FDA may, 
however, grant an exemption if the Agency determines that the adequate 
directions for use labeling requirements are not necessary for the 
particular case as it relates to protection of the public health.
    FDA regulations under parts 800, 801, and 809 (21 CFR parts 800, 
801, and 809) require disclosure of specific

[[Page 44885]]

information by manufacturers, importers, and distributors of medical 
devices about themselves or the devices, on the label or labeling for 
the devices, to health professionals and consumers. Most of the 
regulations under parts 800, 801, and 809 are derived from requirements 
of section 502 of the FD&C Act. Section 502 provides, in part, that a 
device shall be misbranded if, among other things, its label or 
labeling fails to bear certain required information concerning the 
device, is false or misleading in any particular way, or fails to 
contain adequate directions for use.

Recordkeeping Burden

    Section 801.150(a)(2) establishes recordkeeping requirements for 
manufacturers of devices to retain a copy of the agreement containing 
the specifications for the processing, labeling, or repacking of the 
device for 2 years after the final shipment or delivery of the device. 
Section 801.150(a)(2) also requires that the subject respondents make 
copies of this agreement available for inspection at any reasonable 
hour to any officer or employee of the Department of Health and Human 
Services (HHS) who requests them.
    Section 801.410(e) requires copies of invoices, shipping documents, 
and records of sale or distribution of all impact resistant lenses, 
including finished eyeglasses and sunglasses, be maintained for 3 years 
by the retailer and made available upon request by any officer or 
employee of FDA or by any other officer or employee acting on behalf of 
the Secretary of HHS.
    Section 801.410(f) requires that the results of impact tests and 
description of the test method and apparatus be retained for a period 
of 3 years.
    Section 801.421(d) establishes requirements for hearing aid 
dispensers to retain copies of all physician statements or any waivers 
of medical evaluation for 3 years after dispensing the hearing aid.
    Section 801.430(f) requires manufacturers of menstrual tampons to 
devise and follow an ongoing sampling plan for measuring the absorbency 
of menstrual tampons. In addition, manufacturers must use the method 
and testing parameters described in Sec.  801.430(f).
    Section 801.435(g) requires latex condom manufacturers to document 
and provide, upon request, an appropriate justification for the 
application of the testing data from one product on any variation of 
that product to support expiration dating in the user labeling.

Third-Party Disclosure Burden

    Sections 800.10(a)(3) and 800.12(c) require that the label for 
contact lens cleaning solutions bear a prominent statement alerting 
consumers of the tamper-resistant feature. Further, Sec.  800.12 
requires that packaged contact lens cleaning solutions contain a 
tamper-resistant feature to prevent malicious adulteration.
    Section 800.10(b)(2) requires that the labeling for liquid 
ophthalmic preparations packed in multiple-dose containers provide 
information on the duration of use and the necessary warning 
information to afford adequate protection from contamination during 
use.
    Section 801.1 requires that the label for a device in package form 
contain the name and place of business of the manufacturer, packer, or 
distributor.
    Section 801.5 requires that labeling for a device include 
information on intended use as defined under Sec.  801.4 and provide 
adequate directions to assure safe use by the lay consumers.
    Section 801.61 requires that the principal display panel of an 
over-the-counter (OTC) device in package form must bear a statement of 
the identity of the device. The statement of identity of the device 
must include the common name of the device followed by an accurate 
statement of the principal intended actions of the device. Section 
801.62 requires that the label for an OTC device in package form shall 
bear a declaration of the net quantity of contents. The label must 
express the net quantity in terms of weight, measure, numerical count, 
or a combination of numerical count and weight, measure, or size.
    Section 801.109 establishes labeling requirements for prescription 
devices, in which the label for the device must describe the 
application or use of the device and contain a cautionary statement 
restricting the device for sale by, or on the order of, an appropriate 
professional.
    Section 801.110 establishes labeling requirements for a 
prescription device delivered to the ultimate purchaser or user, by a 
licensed practitioner. The device must be accompanied by labeling 
bearing the name and address of the licensed practitioner, directions 
for use, and cautionary statements, if any, provided by the order.
    Section 801.150(e) requires a written agreement between firms 
involved in the assembling or packaging of a nonsterile device 
containing labeling that identifies the final finished device as 
sterile and then shipping such device in interstate commerce prior to 
sterilization. In addition, Sec.  801.150(e) requires that each pallet, 
carton, or other designated unit be conspicuously marked to show its 
nonsterile nature when introduced into interstate commerce and while 
being held prior to sterilization. When both requirements are met, FDA 
will take no regulatory action against the device as being misbranded 
or adulterated.
    Section 801.405(b)(1) provides for labeling requirements for 
articles, including repair kits, re-liners, pads, and cushions, 
intended for use in temporary repairs and refitting of dentures for lay 
persons. Section 801.405(b)(1) also requires that the labeling contain 
the word ``emergency'' preceding and modifying each indication-for-use 
statement for denture repair kits, and the word ``temporary'' preceding 
and modifying each indication-for-use statement for re-liners, pads, 
and cushions.
    Section 801.405(c) provides for labeling requirements that contain 
essentially the same information described under Sec.  801.405(b)(1). 
The information is intended to enable a lay person to understand the 
limitations of using OTC denture repair kits and denture re-liners, 
pads, and cushions.
    Section 801.420(c)(1) requires that manufacturers or distributors 
of hearing aids develop a user instructional brochure to be provided by 
the dispenser of the hearing aid to prospective users. The brochure 
must contain detailed information on the use and maintenance of the 
hearing aid.
    Section 801.420(c)(4) establishes requirements that the user 
instructional brochure or separate labeling provide for technical data 
elements useful for selecting, fitting, and checking the performance of 
a hearing aid. In addition, Sec.  801.420(c)(4) provides for testing 
requirements to determine that the required data elements must be 
conducted in accordance with the American National Standards Institute 
(ANSI) ``Specification of Hearing Aid Characteristics,'' ANSI S3.22-
2003 (Revision of ANSI S3.22-1996), which is incorporated by reference 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    Section 801.421(b) establishes requirements for the hearing aid 
dispenser to provide prospective users with a copy of the user 
instructional brochure along with an opportunity to review content, 
either orally or by the predominant method of communication used during 
the sale.
    Section 801.421(c) establishes requirements for the hearing aid 
dispenser to provide a copy of the user instructional brochure to the

[[Page 44886]]

prospective purchaser of any hearing aid upon request, or, if the 
brochure is unavailable, provide the name and address of the 
manufacturer or distributor from which it may be obtained.
    Section 801.430(d) establishes labeling requirements for menstrual 
tampons to provide information on signs, risk factors, and ways to 
reduce the risk of Toxic Shock Syndrome (TSS).
    Section 801.430(e)(2) requires menstrual tampon package labels to 
provide information on the ranges of absorbency and absorbency term 
based on testing required under Sec.  801.430(f) and an explanation of 
selecting absorbencies that reduce the risk of contracting TSS.
    Section 801.435(b), (c), and (h) establishes requirements for 
condom labeling to bear an expiration date that is supported by testing 
that demonstrates the integrity of three random lots of the product.
    Section 809.10(a) and (b) establishes requirements that a label for 
an in vitro diagnostic (IVD) device and the accompanying labeling 
(package insert) must contain information identifying its intended use, 
instructions for use, lot or control number, and source.
    Section 809.10(d) provides that the labeling requirements for 
general purpose laboratory reagents may be exempt from the requirements 
of Sec.  809.10(a) and (b) if the labeling contains information to 
include, identifying its intended use, instructions for use, lot or 
control number, and source.
    Section 809.10(e) provides that the labeling for analyte specific 
reagents (ASRs) shall provide information to include, identifying the 
quantity, proportion, or concentration of each reagent ingredient, 
instructions for use, lot or control number, and source.
    Section 809.10(f) provides that the labeling for OTC test sample 
collection systems for drugs of abuse shall include, among other 
things, information on the intended use, specimen collection 
instructions, identification system, and information about use of the 
test results.
    Section 809.30(d) requires that advertising and promotional 
materials for ASRs include the identity and purity of the ASR and the 
identity of the analyte.
    Section 1040.20(d) (21 CFR 1040.20) provides that manufacturers of 
sunlamp products and ultraviolet lamps are subject to the labeling 
regulations under part 801.
    The burden estimates are based on FDA's current registration and 
listing data and shipment information.
    In the Federal Register of February 22, 2018 (83 FR 7728), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. FDA received one comment regarding 
environmental concerns. We believe this issue is beyond the scope of 
this information request.
    FDA estimates the burden of this collection of information as 
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Number of
          Activity/21 CFR section               Number of      records per    Total annual         Average burden per recordkeeping         Total hours
                                              recordkeepers   recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Processing, labeling, or repacking                    6,331             887       5,615,597  .5 (30 minutes)............................       2,807,799
 agreement--801.150(a)(2).
Impact resistant lenses; invoices, shipping           1,119          47,050      52,648,950  0.0008 (.05 minutes).......................          42,119
 documents, and records of sale or
 distribution--801.410(e) and (f).
Hearing aid records--801.421(d)............          10,000             160       1,600,000  .25 (15 minutes)...........................         400,000
Menstrual tampons, sampling plan for                     16              11             176  80.........................................          14,080
 measuring absorbency--801.430(f).
Latex condoms; justification for the                     51            3.65             186  1..........................................             186
 application of testing data to the
 variation of the tested product--
 801.435(g).
                                            ------------------------------------------------------------------------------------------------------------
    Total..................................  ..............  ..............  ..............  ...........................................       3,264,184
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


                                               Table 2--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Number of
                                                Number of      disclosures    Total annual
          Activity/21 CFR section              respondents         per         disclosures          Average burden per disclosure           Total hours
                                                               respondent
--------------------------------------------------------------------------------------------------------------------------------------------------------
Contact lens cleaning solution labeling--                25               8             200  1..........................................             200
 800.10(a)(3) and 800.12(c).
Liquid ophthalmic preparation labeling--                 25               8             200  1..........................................             200
 800.10(b)(2).
Manufacturer, packer, or distributor                 18,137               7         126,959  1..........................................         126,959
 information--801.1.
Adequate directions for use--801.5.........           8,526               6          51,156  22.35......................................       1,143,337
Statement of identify--801.61..............           8,526               6          51,156  1..........................................          51,156
Declaration of net quantity of contents--             8,526               6          51,156  1..........................................          51,156
 801.62.
Prescription device labeling--801.109......           9,681               6          58,086  17.77......................................       1,032,188
Retail exemption for prescription devices--          30,000             667      20,010,000  .25 (15 minutes)...........................       5,002,500
 801.110.
Processing, labeling, or repacking; non-                453              34          15,402  4..........................................          61,608
 sterile devices--801.150(e).

[[Page 44887]]

 
Labeling of articles intended for lay use                35               1              35  4..........................................             140
 in the repairing and/or refitting of
 dentures--801.405(b)(1).
Dentures; information regarding temporary                35               1              35  4..........................................             140
 and emergency use--801.405(c).
Labeling requirements for hearing aids--                124              12           1,488  40.........................................          59,520
 801.420(c)(1).
Technical data for hearing aids--                       124              12           1,488  80.........................................         119,040
 801.420(c)(4).
Hearing aids, opportunity to review User             10,000             160       1,600,000  .30 (20 minutes)...........................         480,000
 Instructional Brochure--801.421(b).
Hearing aids, availability of User                   10,000               5          50,000  .17........................................           8,500
 Instructional Brochure--801.421(c).                                                         (10 minutes)...............................
User labeling for menstrual tampons--                    16               8             128  2..........................................             256
 801.430(d).
Menstrual tampons, ranges of absorbency--                16               8             128  2..........................................             256
 801.430(e)(2).
User labeling for latex condoms--                        51               6             306  100........................................          30,600
 801.435(b), (c), and (h).
Labeling for IVDs--809.10(a) and (b).......           1,700               6          10,200  80.........................................         816,000
Labeling for general purpose laboratory                 300               2             600  40.........................................          24,000
 reagents--809.10(d)(1).
Labeling for ASRs--809.10(e)...............             300              25           7,500  1..........................................           7,500
Labeling for OTC test sample collection                  20               1              20  100........................................           2,000
 systems for drugs of abuse testing--
 809.10(f).
Advertising and promotional materials for               300              25           7,500  1..........................................           7,500
 ASRs--809.30(d).
Labeling of sunlamp products--1040.20(d)...              19               1              19  10.........................................             190
                                            ------------------------------------------------------------------------------------------------------------
    Total..................................  ..............  ..............  ..............  ...........................................       9,024,946
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The number of recordkeepers/respondents and records/disclosures has 
been adjusted to reflect updated Agency data. These adjustments result 
in an increase of 1,598,48 hours since the last OMB approval.

    Dated: August 28, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-19086 Filed 8-31-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                44884                      Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices

                                                fdsys/pkg/FR-2015-09-18/pdf/2015-                       including, but not limited to, INDs,                  Office of Management and Budget
                                                23389.pdf.                                              NDAs, BLAs, and ANDAs. This                           (OMB) for review and clearance under
                                                   Docket: For access to the docket to                  guidance does not address                             the Paperwork Reduction Act of 1995.
                                                read background documents or the                        methodological considerations and best                DATES: Fax written comments on the
                                                electronic and written/paper comments                   practices for the conduct of PBPK                     collection of information by October 4,
                                                received, go to https://                                modeling and simulation or the                        2018.
                                                www.regulations.gov and insert the                      appropriateness of PBPK analyses for a                ADDRESSES: To ensure that comments on
                                                docket number, found in brackets in the                 particular drug or a drug product.                    the information collection are received,
                                                heading of this document, into the                         This guidance is being issued                      OMB recommends that written
                                                ‘‘Search’’ box and follow the prompts                   consistent with FDA’s good guidance                   comments be faxed to the Office of
                                                and/or go to the Dockets Management                     practices regulation (21 CFR 10.115).                 Information and Regulatory Affairs,
                                                Staff, 5630 Fishers Lane, Rm. 1061,                     The guidance represents the current                   OMB, Attn: FDA Desk Officer, Fax: 202–
                                                Rockville, MD 20852.                                    thinking of FDA on ‘‘Physiologically                  395–7285, or emailed to oira_
                                                   You may submit comments on any                       Based Pharmacokinetic Analyses—                       submission@omb.eop.gov. All
                                                guidance at any time (see 21 CFR                        Format and Content.’’ It does not                     comments should be identified with the
                                                10.115(g)(5)).                                          establish any rights for any person and               OMB control number 0910–0485. Also
                                                   Submit written requests for single                   is not binding on FDA or the public.                  include the FDA docket number found
                                                copies of this guidance to the Division                 You can use an alternative approach if                in brackets in the heading of this
                                                of Drug Information, Center for Drug                    it satisfies the requirements of the                  document.
                                                Evaluation and Research, Food and                       applicable statutes and regulations. This
                                                Drug Administration, 10001 New                          guidance is not subject to Executive                  FOR FURTHER INFORMATION CONTACT:
                                                Hampshire Ave., Hillandale Building,                    Order 12866.                                          Amber Sanford, Office of Operations,
                                                4th Floor, Silver Spring, MD 20993–                                                                           Food and Drug Administration, Three
                                                                                                        II. Paperwork Reduction Act of 1995                   White Flint North, 10A–12M, 11601
                                                0002. Send one self-addressed adhesive
                                                label to assist that office in processing                  This guidance refers to previously                 Landsdown St., North Bethesda, MD
                                                your requests. See the SUPPLEMENTARY                    approved collections of information                   20852, 301–796–8867, PRAStaff@
                                                INFORMATION section for electronic                      found in FDA regulations. These                       fda.hhs.gov.
                                                access to the guidance document.                        collections of information are subject to             SUPPLEMENTARY INFORMATION: In
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        review by the Office of Management and                compliance with 44 U.S.C. 3507, FDA
                                                Xinyuan Zhang, Office of Clinical                       Budget (OMB) under the Paperwork                      has submitted the following proposed
                                                Pharmacology, Office of Translational                   Reduction Act of 1995 (44 U.S.C. 3501–                collection of information to OMB for
                                                Sciences, Center for Drug Evaluation                    3520). The collection of information in               review and clearance.
                                                and Research, Food and Drug                             21 CFR 314.50(d) has been approved
                                                                                                        under OMB control number 0910–0001.                   Medical Device Labeling Regulations—
                                                Administration, 10903 New Hampshire                                                                           21 CFR Parts 800, 801, and 809
                                                Ave., Bldg. 51, Rm. 2128, Silver Spring,                III. Electronic Access
                                                MD 20993–0002, 240–402–7971.                                                                                  OMB Control Number 0910–0485—
                                                                                                           Persons with access to the internet
                                                SUPPLEMENTARY INFORMATION:                                                                                    Extension
                                                                                                        may obtain the guidance at either
                                                                                                        https://www.fda.gov/Drugs/Guidance                      Section 502 of the Federal Food, Drug,
                                                I. Background
                                                                                                        ComplianceRegulatoryInformation/                      and Cosmetic Act (FD&C Act) (21 U.S.C.
                                                   FDA is announcing the availability of                Guidances/default.htm or https://                     352), among other things, establishes
                                                a final guidance for industry entitled                  www.regulations.gov.                                  requirements for the label or labeling of
                                                ‘‘Physiologically Based Pharmacokinetic                                                                       a medical device so that it is not
                                                                                                          Dated: August 27, 2018.
                                                Analyses—Format and Content.’’ A                                                                              misbranded and subject to a regulatory
                                                PBPK analysis uses models and                           Leslie Kux,
                                                                                                                                                              action. Certain provisions under section
                                                simulations that combine physiology,                    Associate Commissioner for Policy.                    502 of the FD&C Act require
                                                population, and drug characteristics to                 [FR Doc. 2018–19065 Filed 8–31–18; 8:45 am]           manufacturers, importers, and
                                                mechanistically describe the                            BILLING CODE 4164–01–P                                distributors of medical devices to
                                                pharmacokinetic behaviors of a drug or                                                                        disclose information about themselves
                                                drug product. Throughout a drug’s life                                                                        or the devices on the labels or labeling
                                                cycle, PBPK model predictions can be                    DEPARTMENT OF HEALTH AND                              for the devices.
                                                used to support decisions on whether,                   HUMAN SERVICES                                          Section 502(b) of the FD&C Act
                                                when, and how to conduct certain                                                                              requires that for packaged devices, the
                                                                                                        Food and Drug Administration
                                                clinical pharmacology studies, and to                                                                         label must bear the name and place of
                                                support dosing recommendations in                       [Docket No. FDA–2014–N–1048]                          business of the manufacturer, packer, or
                                                product labeling. Because of the lack of                                                                      distributor; and an accurate statement of
                                                regulatory guidance, the format and                     Agency Information Collection                         the quantity of the contents. Section
                                                content of PBPK analysis reports that                   Activities; Submission for Office of                  502(f) of the FD&C Act requires that the
                                                are submitted to FDA vary significantly.                Management and Budget Review;                         labeling for a device must contain
                                                The goal of this guidance is to                         Comment Request; Medical Device                       adequate directions for use. FDA may,
                                                standardize the content and format of                   Labeling Regulations                                  however, grant an exemption if the
                                                these reports to facilitate FDA’s efficient
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        AGENCY:    Food and Drug Administration,              Agency determines that the adequate
                                                assessment, consistent application, and                 HHS.                                                  directions for use labeling requirements
                                                timely decision making during                           ACTION:   Notice.                                     are not necessary for the particular case
                                                regulatory review.                                                                                            as it relates to protection of the public
                                                   This guidance outlines the                           SUMMARY:   The Food and Drug                          health.
                                                recommended format and content for a                    Administration (FDA) is announcing                      FDA regulations under parts 800, 801,
                                                sponsor or applicant to submit PBPK                     that a proposed collection of                         and 809 (21 CFR parts 800, 801, and
                                                analyses to FDA to support applications                 information has been submitted to the                 809) require disclosure of specific


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                                                                           Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices                                            44885

                                                information by manufacturers,                           Third-Party Disclosure Burden                         sterilization. In addition, § 801.150(e)
                                                importers, and distributors of medical                     Sections 800.10(a)(3) and 800.12(c)                requires that each pallet, carton, or other
                                                devices about themselves or the devices,                require that the label for contact lens               designated unit be conspicuously
                                                on the label or labeling for the devices,               cleaning solutions bear a prominent                   marked to show its nonsterile nature
                                                to health professionals and consumers.                  statement alerting consumers of the                   when introduced into interstate
                                                Most of the regulations under parts 800,                tamper-resistant feature. Further,                    commerce and while being held prior to
                                                801, and 809 are derived from                           § 800.12 requires that packaged contact               sterilization. When both requirements
                                                requirements of section 502 of the FD&C                 lens cleaning solutions contain a                     are met, FDA will take no regulatory
                                                Act. Section 502 provides, in part, that                                                                      action against the device as being
                                                                                                        tamper-resistant feature to prevent
                                                a device shall be misbranded if, among                                                                        misbranded or adulterated.
                                                                                                        malicious adulteration.
                                                other things, its label or labeling fails to                                                                     Section 801.405(b)(1) provides for
                                                                                                           Section 800.10(b)(2) requires that the
                                                bear certain required information                                                                             labeling requirements for articles,
                                                                                                        labeling for liquid ophthalmic
                                                concerning the device, is false or                                                                            including repair kits, re-liners, pads,
                                                                                                        preparations packed in multiple-dose
                                                misleading in any particular way, or                                                                          and cushions, intended for use in
                                                                                                        containers provide information on the                 temporary repairs and refitting of
                                                fails to contain adequate directions for                duration of use and the necessary
                                                use.                                                                                                          dentures for lay persons. Section
                                                                                                        warning information to afford adequate                801.405(b)(1) also requires that the
                                                Recordkeeping Burden                                    protection from contamination during                  labeling contain the word ‘‘emergency’’
                                                                                                        use.                                                  preceding and modifying each
                                                   Section 801.150(a)(2) establishes                       Section 801.1 requires that the label
                                                recordkeeping requirements for                                                                                indication-for-use statement for denture
                                                                                                        for a device in package form contain the              repair kits, and the word ‘‘temporary’’
                                                manufacturers of devices to retain a                    name and place of business of the
                                                copy of the agreement containing the                                                                          preceding and modifying each
                                                                                                        manufacturer, packer, or distributor.                 indication-for-use statement for re-
                                                specifications for the processing,                         Section 801.5 requires that labeling
                                                labeling, or repacking of the device for                                                                      liners, pads, and cushions.
                                                                                                        for a device include information on                      Section 801.405(c) provides for
                                                2 years after the final shipment or                     intended use as defined under § 801.4
                                                delivery of the device. Section                                                                               labeling requirements that contain
                                                                                                        and provide adequate directions to                    essentially the same information
                                                801.150(a)(2) also requires that the                    assure safe use by the lay consumers.
                                                subject respondents make copies of this                                                                       described under § 801.405(b)(1). The
                                                                                                           Section 801.61 requires that the                   information is intended to enable a lay
                                                agreement available for inspection at                   principal display panel of an over-the-
                                                any reasonable hour to any officer or                                                                         person to understand the limitations of
                                                                                                        counter (OTC) device in package form                  using OTC denture repair kits and
                                                employee of the Department of Health                    must bear a statement of the identity of
                                                and Human Services (HHS) who                                                                                  denture re-liners, pads, and cushions.
                                                                                                        the device. The statement of identity of                 Section 801.420(c)(1) requires that
                                                requests them.                                          the device must include the common                    manufacturers or distributors of hearing
                                                   Section 801.410(e) requires copies of                name of the device followed by an                     aids develop a user instructional
                                                invoices, shipping documents, and                       accurate statement of the principal                   brochure to be provided by the
                                                records of sale or distribution of all                  intended actions of the device. Section               dispenser of the hearing aid to
                                                impact resistant lenses, including                      801.62 requires that the label for an OTC             prospective users. The brochure must
                                                finished eyeglasses and sunglasses, be                  device in package form shall bear a                   contain detailed information on the use
                                                maintained for 3 years by the retailer                  declaration of the net quantity of                    and maintenance of the hearing aid.
                                                and made available upon request by any                  contents. The label must express the net                 Section 801.420(c)(4) establishes
                                                officer or employee of FDA or by any                    quantity in terms of weight, measure,                 requirements that the user instructional
                                                other officer or employee acting on                     numerical count, or a combination of                  brochure or separate labeling provide
                                                behalf of the Secretary of HHS.                         numerical count and weight, measure,                  for technical data elements useful for
                                                   Section 801.410(f) requires that the                 or size.                                              selecting, fitting, and checking the
                                                results of impact tests and description of                 Section 801.109 establishes labeling               performance of a hearing aid. In
                                                the test method and apparatus be                        requirements for prescription devices,                addition, § 801.420(c)(4) provides for
                                                retained for a period of 3 years.                       in which the label for the device must                testing requirements to determine that
                                                   Section 801.421(d) establishes                       describe the application or use of the                the required data elements must be
                                                requirements for hearing aid dispensers                 device and contain a cautionary                       conducted in accordance with the
                                                to retain copies of all physician                       statement restricting the device for sale             American National Standards Institute
                                                statements or any waivers of medical                    by, or on the order of, an appropriate                (ANSI) ‘‘Specification of Hearing Aid
                                                evaluation for 3 years after dispensing                 professional.                                         Characteristics,’’ ANSI S3.22–2003
                                                the hearing aid.                                           Section 801.110 establishes labeling               (Revision of ANSI S3.22–1996), which
                                                   Section 801.430(f) requires                          requirements for a prescription device                is incorporated by reference in
                                                manufacturers of menstrual tampons to                   delivered to the ultimate purchaser or                accordance with 5 U.S.C. 552(a) and 1
                                                devise and follow an ongoing sampling                   user, by a licensed practitioner. The                 CFR part 51.
                                                plan for measuring the absorbency of                    device must be accompanied by labeling                   Section 801.421(b) establishes
                                                menstrual tampons. In addition,                         bearing the name and address of the                   requirements for the hearing aid
                                                manufacturers must use the method and                   licensed practitioner, directions for use,            dispenser to provide prospective users
                                                testing parameters described in                         and cautionary statements, if any,                    with a copy of the user instructional
                                                § 801.430(f).                                           provided by the order.
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                                                                                                                                                              brochure along with an opportunity to
                                                   Section 801.435(g) requires latex                       Section 801.150(e) requires a written              review content, either orally or by the
                                                condom manufacturers to document and                    agreement between firms involved in                   predominant method of communication
                                                provide, upon request, an appropriate                   the assembling or packaging of a                      used during the sale.
                                                justification for the application of the                nonsterile device containing labeling                    Section 801.421(c) establishes
                                                testing data from one product on any                    that identifies the final finished device             requirements for the hearing aid
                                                variation of that product to support                    as sterile and then shipping such device              dispenser to provide a copy of the user
                                                expiration dating in the user labeling.                 in interstate commerce prior to                       instructional brochure to the


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                                                44886                              Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices

                                                prospective purchaser of any hearing                                       Section 809.10(a) and (b) establishes                                      intended use, specimen collection
                                                aid upon request, or, if the brochure is                                 requirements that a label for an in vitro                                    instructions, identification system, and
                                                unavailable, provide the name and                                        diagnostic (IVD) device and the                                              information about use of the test results.
                                                address of the manufacturer or                                           accompanying labeling (package insert)                                         Section 809.30(d) requires that
                                                distributor from which it may be                                         must contain information identifying its                                     advertising and promotional materials
                                                obtained.                                                                intended use, instructions for use, lot or                                   for ASRs include the identity and purity
                                                   Section 801.430(d) establishes                                        control number, and source.                                                  of the ASR and the identity of the
                                                labeling requirements for menstrual                                        Section 809.10(d) provides that the                                        analyte.
                                                tampons to provide information on                                        labeling requirements for general                                              Section 1040.20(d) (21 CFR 1040.20)
                                                signs, risk factors, and ways to reduce                                  purpose laboratory reagents may be                                           provides that manufacturers of sunlamp
                                                the risk of Toxic Shock Syndrome                                         exempt from the requirements of                                              products and ultraviolet lamps are
                                                (TSS).                                                                   § 809.10(a) and (b) if the labeling                                          subject to the labeling regulations under
                                                                                                                         contains information to include,                                             part 801.
                                                   Section 801.430(e)(2) requires                                        identifying its intended use,                                                  The burden estimates are based on
                                                menstrual tampon package labels to                                       instructions for use, lot or control                                         FDA’s current registration and listing
                                                provide information on the ranges of                                     number, and source.                                                          data and shipment information.
                                                absorbency and absorbency term based                                       Section 809.10(e) provides that the                                          In the Federal Register of February
                                                on testing required under § 801.430(f)                                   labeling for analyte specific reagents                                       22, 2018 (83 FR 7728), FDA published
                                                and an explanation of selecting                                          (ASRs) shall provide information to                                          a 60-day notice requesting public
                                                absorbencies that reduce the risk of                                     include, identifying the quantity,                                           comment on the proposed collection of
                                                contracting TSS.                                                         proportion, or concentration of each                                         information. FDA received one
                                                   Section 801.435(b), (c), and (h)                                      reagent ingredient, instructions for use,                                    comment regarding environmental
                                                establishes requirements for condom                                      lot or control number, and source.                                           concerns. We believe this issue is
                                                labeling to bear an expiration date that                                   Section 809.10(f) provides that the                                        beyond the scope of this information
                                                is supported by testing that                                             labeling for OTC test sample collection                                      request.
                                                demonstrates the integrity of three                                      systems for drugs of abuse shall include,                                      FDA estimates the burden of this
                                                random lots of the product.                                              among other things, information on the                                       collection of information as follows:

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

                                                Processing, labeling, or repacking agreement—                                                6,331                         887             5,615,597           .5 (30 minutes) ............            2,807,799
                                                  801.150(a)(2).
                                                Impact resistant lenses; invoices, shipping docu-                                            1,119                    47,050             52,648,950            0.0008 (.05 minutes) ...                   42,119
                                                  ments, and records of sale or distribution—
                                                  801.410(e) and (f).
                                                Hearing aid records—801.421(d) ...........................                                 10,000                          160             1,600,000           .25 (15 minutes) ..........               400,000
                                                Menstrual tampons, sampling plan for measuring                                                 16                           11                   176           80 ................................        14,080
                                                  absorbency—801.430(f).
                                                Latex condoms; justification for the application of                                               51                      3.65                        186      1 ..................................            186
                                                  testing data to the variation of the tested prod-
                                                  uct—801.435(g).

                                                     Total ................................................................   ........................   ........................   ........................   .....................................   3,264,184
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                               TABLE 2—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
                                                                                                                                                           Number of                     Total                           Average
                                                                                                                                Number of                  disclosures                                                                                 Total
                                                                  Activity/21 CFR section                                                                                               annual                          burden per
                                                                                                                               respondents                     per                                                                                     hours
                                                                                                                                                                                      disclosures                       disclosure
                                                                                                                                                           respondent

                                                Contact lens cleaning solution labeling—                                                          25                           8                      200      1 ..................................            200
                                                  800.10(a)(3) and 800.12(c).
                                                Liquid     ophthalmic     preparation        labeling—                                            25                           8                      200      1 ..................................            200
                                                  800.10(b)(2).
                                                Manufacturer, packer, or distributor information—                                         18,137                               7              126,959          1 ..................................      126,959
                                                  801.1.
                                                Adequate directions for use—801.5 ......................                                    8,526                            6               51,156            22.35 ...........................       1,143,337
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                                                Statement of identify—801.61 ................................                               8,526                            6               51,156            1 ..................................       51,156
                                                Declaration of net quantity of contents—801.62 ...                                          8,526                            6               51,156            1 ..................................       51,156
                                                Prescription device labeling—801.109 ...................                                    9,681                            6               58,086            17.77 ...........................       1,032,188
                                                Retail exemption for prescription devices—                                                 30,000                          667           20,010,000            .25 (15 minutes) ..........             5,002,500
                                                  801.110.
                                                Processing, labeling, or repacking; non-sterile de-                                             453                          34                  15,402        4 ..................................       61,608
                                                  vices—801.150(e).




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                                                                                   Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices                                                                                           44887

                                                                                   TABLE 2—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1—Continued
                                                                                                                                                           Number of                     Total                           Average
                                                                                                                                Number of                  disclosures                                                                                 Total
                                                                  Activity/21 CFR section                                                                                               annual                          burden per
                                                                                                                               respondents                     per                                                                                     hours
                                                                                                                                                                                      disclosures                       disclosure
                                                                                                                                                           respondent

                                                Labeling of articles intended for lay use in the re-                                              35                           1                        35     4 ..................................            140
                                                  pairing    and/or     refitting   of   dentures—
                                                  801.405(b)(1).
                                                Dentures; information regarding temporary and                                                     35                          1                        35      4 ..................................            140
                                                  emergency use—801.405(c).
                                                Labeling requirements for hearing aids—                                                         124                          12                    1,488       40 ................................        59,520
                                                  801.420(c)(1).
                                                Technical data for hearing aids—801.420(c)(4) ....                                            124                           12                  1,488          80 ................................       119,040
                                                Hearing aids, opportunity to review User Instruc-                                          10,000                          160              1,600,000          .30 (20 minutes) ..........               480,000
                                                  tional Brochure—801.421(b).
                                                Hearing aids, availability of User Instructional Bro-                                     10,000                               5                 50,000        .17 ...............................         8,500
                                                  chure—801.421(c).                                                                                                                                            (10 minutes) ................
                                                User labeling for menstrual tampons—801.430(d)                                                    16                          8                       128      2 ..................................            256
                                                Menstrual tampons, ranges of absorbency—                                                          16                          8                       128      2 ..................................            256
                                                  801.430(e)(2).
                                                User labeling for latex condoms—801.435(b), (c),                                                  51                           6                     306       100 ..............................         30,600
                                                  and (h).
                                                Labeling for IVDs—809.10(a) and (b) ....................                                     1,700                             6                 10,200        80 ................................       816,000
                                                Labeling for general purpose laboratory re-                                                    300                             2                    600        40 ................................        24,000
                                                  agents—809.10(d)(1).
                                                Labeling for ASRs—809.10(e) ...............................                                     300                          25                    7,500       1 ..................................        7,500
                                                Labeling for OTC test sample collection systems                                                  20                           1                       20       100 ..............................          2,000
                                                  for drugs of abuse testing—809.10(f).
                                                Advertising and promotional materials for ASRs—                                                300                           25                   7,500        1 ..................................        7,500
                                                  809.30(d).
                                                Labeling of sunlamp products—1040.20(d) ...........                                               19                           1                       19      10 ................................             190

                                                     Total ................................................................   ........................   ........................   ........................   .....................................   9,024,946
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  The number of recordkeepers/                                           determined that it is in the public                                          relate to helping to ensure safe and
                                                respondents and records/disclosures has                                  interest to renew the Cardiovascular and                                     effective drugs for human use and, as
                                                been adjusted to reflect updated Agency                                  Renal Drugs Advisory Committee for an                                        required, any other product for which
                                                data. These adjustments result in an                                     additional 2 years beyond the charter                                        FDA has regulatory responsibility.
                                                increase of 1,598,48 hours since the last                                expiration date. The new charter will be                                        The committee reviews and evaluates
                                                OMB approval.                                                            in effect until August 27, 2020.                                             available data concerning the safety and
                                                  Dated: August 28, 2018.                                                DATES: Authority for the Cardiovascular                                      effectiveness of marketed and
                                                                                                                         and Renal Drugs Advisory Committee                                           investigational human drug products for
                                                Leslie Kux,
                                                                                                                         will expire on August 27, 2020, unless                                       use in the treatment of cardiovascular
                                                Associate Commissioner for Policy.
                                                                                                                         the Commissioner formally determines                                         and renal disorders and makes
                                                [FR Doc. 2018–19086 Filed 8–31–18; 8:45 am]                                                                                                           appropriate recommendations to the
                                                BILLING CODE 4164–01–P
                                                                                                                         that renewal is in the public interest.
                                                                                                                                                                                                      Commissioner.
                                                                                                                         FOR FURTHER INFORMATION CONTACT:                                                The committee shall consist of a core
                                                                                                                         Jennifer Shepherd, Center for Drug                                           of 11 voting members including the
                                                DEPARTMENT OF HEALTH AND                                                 Evaluation and Research, Food and                                            Chair. Members and the Chair are
                                                HUMAN SERVICES                                                           Drug Administration, 10903 New                                               selected by the Commissioner or
                                                                                                                         Hampshire Ave., Bldg. 31, Rm. 2417,                                          designee from among authorities
                                                Food and Drug Administration                                             Silver Spring, MD 20993–0002, 301–                                           knowledgeable in the fields of
                                                [Docket No. FDA–2018–N–3091]                                             796–9001, email: CRDAC@fda.hhs.gov.                                          cardiology, hypertension, arrhythmia,
                                                                                                                         SUPPLEMENTARY INFORMATION: Pursuant                                          angina, congestive heart failure,
                                                Advisory Committee; Cardiovascular                                       to 41 CFR 102–3.65 and approval by the                                       diuresis, and biostatistics. Members will
                                                and Renal Drugs Advisory Committee;                                      Department of Health and Human                                               be invited to serve for overlapping terms
                                                Renewal                                                                  Services pursuant to 45 CFR part 11 and                                      of up to 4 years. Almost all non-Federal
                                                AGENCY:      Food and Drug Administration,                               by the General Services Administration,                                      members of this committee serve as
                                                HHS.                                                                     FDA is announcing the renewal of the                                         Special Government Employees. The
                                                ACTION:Notice; renewal of advisory                                       Cardiovascular and Renal Drugs                                               core of voting members may include one
                                                                                                                         Advisory Committee. The committee is                                         technically qualified member, selected
sradovich on DSK3GMQ082PROD with NOTICES




                                                committee.
                                                                                                                         a discretionary Federal advisory                                             by the Commissioner or designee, who
                                                SUMMARY:  The Food and Drug                                              committee established to provide advice                                      is identified with consumer interests
                                                Administration (FDA) is announcing the                                   to the Commissioner.                                                         and is recommended by either a
                                                renewal of the Cardiovascular and Renal                                    The Cardiovascular and Renal Drugs                                         consortium of consumer-oriented
                                                Drugs Advisory Committee by the                                          Advisory Committee advises the                                               organizations or other interested
                                                Commissioner of Food and Drugs (the                                      Commissioner or designee in                                                  persons. In addition to the voting
                                                Commissioner). The Commissioner has                                      discharging responsibilities as they                                         members, the committee may include


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Document Created: 2018-09-01 02:59:15
Document Modified: 2018-09-01 02:59:15
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 October 4, 2018.
ContactAmber Sanford, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-8867, [email protected]
FR Citation83 FR 44884 

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