83_FR_53688 83 FR 53483 - Fostering Medical Innovation: Voluntary Pilot Program To Streamline Review of Premarket Notification (510(k)) Submissions for Ophthalmic Optical Coherence Tomography Devices

83 FR 53483 - Fostering Medical Innovation: Voluntary Pilot Program To Streamline Review of Premarket Notification (510(k)) Submissions for Ophthalmic Optical Coherence Tomography Devices

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 205 (October 23, 2018)

Page Range53483-53485
FR Document2018-23059

The Food and Drug Administration's (FDA) Center for Devices and Radiological Health, Office of Device Evaluation recognizes that an efficient, risk-based approach to regulating ophthalmic Optical Coherence Tomography (OCT) technology will foster innovation designed to improve ophthalmic healthcare. To make premarket review of OCT devices more efficient, we are announcing a new voluntary OCT Premarket Notification (510(k)) Pilot Program, designed to develop and refine individual premarket testing recommendations for OCT devices through the pre-submission process to yield more consistent premarket submissions and improve predictability of the 510(k) review process. We are planning to achieve these goals through increased interactive engagement with manufacturers of OCT devices. FDA intends to use the voluntary OCT 510(k) Pilot Program to assess whether the individual testing recommendations provided through the pre-submission process and increased interactive engagement improve the premarket review process and reduce the overall total time to decision (TTD), a shared FDA- industry commitment goal, in support of the Medical Device User Fee Amendments of 2017.

Federal Register, Volume 83 Issue 205 (Tuesday, October 23, 2018)
[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Notices]
[Pages 53483-53485]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23059]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3623]


Fostering Medical Innovation: Voluntary Pilot Program To 
Streamline Review of Premarket Notification (510(k)) Submissions for 
Ophthalmic Optical Coherence Tomography Devices

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration's (FDA) Center for Devices 
and Radiological Health, Office of Device Evaluation recognizes that an 
efficient, risk-based approach to regulating ophthalmic Optical 
Coherence Tomography (OCT) technology will foster innovation designed 
to improve ophthalmic healthcare. To make premarket review of OCT 
devices more efficient, we are announcing a new voluntary OCT Premarket 
Notification (510(k)) Pilot Program, designed to develop and refine 
individual premarket testing recommendations for OCT devices through 
the pre-submission process to yield more consistent premarket 
submissions and improve predictability of the 510(k) review process. We 
are planning to achieve these goals through increased interactive 
engagement with manufacturers of OCT devices. FDA intends to use the 
voluntary OCT 510(k) Pilot Program to assess whether the individual 
testing recommendations provided through the pre-submission process and 
increased interactive engagement improve the premarket review process 
and reduce the overall total time to decision (TTD), a shared FDA-
industry commitment goal, in support of the Medical Device User Fee 
Amendments of 2017.

DATES: FDA is seeking participation in the voluntary OCT 510(k) Pilot 
Program beginning October 23, 2018. See the ``Voluntary OCT 510(k) 
Pilot Program Procedures'' section for instructions on how to submit a 
request to participate. The voluntary OCT 510(k) Pilot Program will 
select the first nine eligible participants.

FOR FURTHER INFORMATION CONTACT: Brad Cunningham, Center for Devices 
and Radiological Health, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 66, Rm. 2430, Silver Spring, MD 20993, 301-796-
6620, email: Bradley.Cunningham@fda.hhs.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    OCT devices are devices for viewing, imaging, measurement, and 
analysis of ocular structures and may be used to aid in the detection 
and management of various ocular diseases. These devices are classified 
under 21 CFR 886.1570 and are assigned the product code OBO; they are 
Class II devices requiring premarket notification (510(k)) prior to 
marketing. In their 510(k) submission, for purposes of premarket 
clearance, manufacturers must demonstrate substantial equivalence to a 
legally marketed predicate in terms of intended use, technological 
characteristics, and performance. This is typically achieved through 
evaluation of non-clinical and/or clinical data, among other 
information.
    Currently, there are no FDA-recognized consensus standards or 
published guidance documents available that describe performance 
testing recommendations for OCT devices. As such, 510(k) submissions, 
when initially submitted to FDA, often do not include adequate testing 
to support substantial equivalence. This is evidenced by consistent 
requests for additional information (including new data and analyses) 
across OCT 510(k) submissions, which are unforeseen by manufacturers 
and may greatly contribute to an increase in TTD for an individual 
510(k) submission. Therefore, there is a need for a better 
understanding of premarket testing expectations for OCT devices and 
dialogue between FDA and OCT manufacturers in order to reduce the need 
for additional data requests during the 510(k) submission review.

II. Description of the Voluntary OCT 510(k) Pilot Program

    FDA intends to achieve the goals of the voluntary OCT 510(k) Pilot 
Program, that are described in Section III, by: (1) Communicating and 
obtaining feedback related to individual recommendations regarding non-
clinical and clinical evaluation of OCT devices; and (2) facilitating 
discussion between FDA and individual OCT device manufacturers 
regarding these risk-based testing recommendations. Specifically, 
participants in the voluntary OCT 510(k) Pilot Program will have the 
opportunity to discuss premarket performance testing recommendations 
for their OCT device in an interactive format (by phone or in-person 
meeting) with the FDA review team, including engineers, medical 
officers, and managers. FDA will interactively communicate and solicit 
feedback on its individual testing recommendations to yield a mutual, 
clear understanding of the information necessary to demonstrate 
substantial equivalence in a 510(k) submission for the OCT device and 
to streamline 510(k) submission and review.
    Participation eligibility in this voluntary OCT 510(k) Pilot 
Program is determined based on the factors listed in Section IV. Due to 
resource constraints, we intend to limit this voluntary pilot program 
to the first nine eligible participants.
    To evaluate success of the voluntary OCT 510(k) Pilot Program, we 
intend to assess 510(k) TTD and feedback on the pre-submission and 
510(k) processes from participants in the pilot program.
    This voluntary pilot program is limited to OCT devices, not already 
cleared for marketing through 510(k), which could be classified under 
21 CFR 886.1570.

III. Goals of the Voluntary OCT 510(k) Pilot Program

    FDA has the following goals for the voluntary OCT 510(k) Pilot 
Program:
    1. Improve consistency and predictability of the 510(k) premarket 
review process for OCT devices.
    2. Reduce TTD for OCT 510(k) submissions, noting that ``FDA and 
applicants share the responsibility for achieving this objective of 
reducing the average Total Time to Decision, while

[[Page 53484]]

maintaining standards for safety and effectiveness'' (Ref. 1).
    3. Increase collaboration between FDA and individual manufacturers 
to refine non-clinical and/or clinical testing recommendations.

IV. Participation Eligibility

    Eligibility for participation in the voluntary OCT 510(k) Pilot 
Program will be based on the following factors:
    1. Intent to submit a Traditional 510(k) for an OCT device, that 
could be classified under 21 CFR 886.1570, within 1 year of acceptance 
to the voluntary OCT 510(k) Pilot Program.
    2. Commitment to support an interactive review process and to 
respond interactively and in a timely manner, as requested, during the 
510(k) review, including response to any FDA requests for additional 
information.
    3. Based on pre-submission interactions, commitment to incorporate 
FDA feedback, including recommendations provided on the testing plan, 
into the testing that will be conducted to support the Traditional 
510(k) submission.
    At its discretion, FDA may withdraw a manufacturer from the OCT 
510(k) Pilot Program for not carrying out any of the commitments 
mentioned previously.

V. Voluntary OCT 510(k) Pilot Program Procedures

A. Enrollment and Interaction for OCT Pre-submission

    To be considered for the voluntary OCT 510(k) Pilot Program, an OCT 
device manufacturer should submit a ``statement of interest'' for 
participation to bradley.cunningham@fda.hhs.gov. The ``statement of 
interest'' should include the following: (1) Manufacturer's name and 
contact information; (2) explanation of why the manufacturer believes 
it meets the participation eligibility factors outlined in Section IV; 
and (3) the intended use (including indications for use) and critical 
technological characteristics of the OCT device for which a Traditional 
510(k) will be submitted under the pilot program as well as the 
proposed predicate device.
    The following captures the process for the enrollment and pre-
submission phase of the voluntary OCT 510(k) Pilot Program:
    1. Upon receiving a ``statement of interest,'' FDA will determine 
eligibility based on the factors outlined in Section IV.
    2. FDA intends to notify the manufacturer via email whether the 
manufacturer is eligible and/or whether the manufacturer is enrolled as 
a participant in the voluntary OCT 510(k) Pilot Program. Based on the 
intended use and critical technological characteristics of the OCT 
device and the proposed predicate device, provided in the ``statement 
of interest,'' FDA also intends to provide initial feedback regarding 
testing (non-clinical and/or clinical) recommendations for the specific 
OCT device.
    3. If eligible and enrolled as a participant, the OCT manufacturer 
should subsequently, yet in a timely manner (e.g., three months from 
notification of enrollment as a participant), submit a pre-submission 
that includes applicable information recommended in FDA's Pre-
submission guidance (Ref. 2), including specific questions for which 
the manufacturer is seeking FDA input, along with the proposed testing 
plan for its OCT device, after considering FDA's initial feedback, 
including recommendations, provided in response to the ``statement of 
interest.''
    4. During the pre-submission phase of the pilot program, FDA 
intends to provide feedback on the proposed testing plan and any 
specific questions included in the pre-submission within 35 calendar 
days. In addition, and if requested by the manufacturer, FDA intends to 
schedule a meeting to occur within one week after issuing feedback to 
the manufacturer during the pre-submission phase to clarify or discuss 
alternative testing approaches. As a goal of the pilot program is to 
positively impact and reduce TTD for OCT 510(k) submissions, FDA 
expects that the OCT manufacturer will implement the testing plan, 
including any modifications to the plan based on feedback and dialogue, 
discussed during this pre-submission phase, during development of the 
510(k) submission. FDA welcomes feedback on our testing recommendations 
as part of the voluntary OCT 510(k) Pilot Program. We recognize that 
manufacturers may propose appropriate alternatives to FDA 
recommendations, and we intend to provide feedback on any proposed 
alternatives in the context of a pre-submission submitted per Section 
V.A., as part of the pilot program.

B. Refuse To Accept (RTA) and Substantive 510(k) Review for OCT 510(k)s

    Once the 510(k) for an OCT device enrolled in the voluntary OCT 
510(k) Pilot Program is received by FDA, it will be screened to assess 
whether it meets a minimum threshold of acceptability for substantive 
review, as described in FDA's guidance on its Refuse to Accept (RTA) 
Policy for 510(k)s (Ref. 3). As stated in this guidance, ``[a]n 
acceptance review will only begin for 510(k) submissions for which the 
appropriate user fee has been paid and a validated eCopy has been 
received.'' As recommended in the guidance, the 510(k) should include a 
separate section with information on the pre-submission under Section 
V.A., including the pre-submission number, a copy of the FDA feedback 
(e.g., letter, meeting minutes), and a statement of how or where in the 
510(k) this prior feedback, including each of the testing 
recommendations, was addressed. Consistent with FDA's RTA policy as 
described in the guidance, FDA intends to complete the acceptance 
review for the 510(k) submission within 15 calendar days.
    Once the OCT 510(k) has been accepted for review, FDA intends to 
complete review of the 510(k) submission within a TTD of 90 calendar 
days. To help achieve this, during the 510(k) review, FDA intends to 
resolve any identified deficiencies through an interactive process 
without placing the OCT 510(k) submission on hold. Consistent with the 
participation eligibility factors under Section IV, FDA expects 
manufacturers to provide timely responses to FDA in response to 
deficiencies identified as part of an interactive review process. To 
facilitate FDA-industry interaction, we will provide a ``point of 
contact'' to ensure open, continual interaction during the review 
process. Through the ``point of contact'' person, the participants will 
be able to communicate with the FDA review team (which intends to 
respond within two business days) to expeditiously address any issues 
related to the 510(k) submission. FDA will evaluate the 510(k) 
consistent with existing 510(k) review processes and procedures, 
including those outlined in FDA's 510(k) Program Guidance (Ref. 4).

C. Assessment of the Voluntary OCT 510(k) Pilot Program

    Following completion of the review of 510(k)s in the voluntary OCT 
510(k) Pilot Program, participating manufacturers will have the 
opportunity to provide individual feedback on the voluntary OCT 510(k) 
Pilot Program and its impact on consistency and predictability of the 
510(k) review process and FDA/manufacturer collaboration during the 
pilot program. FDA intends to solicit feedback from pilot program 
participants electronically through an email questionnaire. TTD will 
also be evaluated.

[[Page 53485]]

VI. Duration of the OCT 510(k) Pilot Program

    FDA intends to accept requests for participation in the voluntary 
OCT 510(k) Pilot Program from the date of publication in the Federal 
Register through one year, or until the time when a total of nine 
participants have been enrolled.

VII. Paperwork Reduction Act of 1995

    This notice refers to previously approved collections of 
information found in FDA regulations and guidance. These collections of 
information are subject to review by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collections of information in 21 CFR part 807, subpart E 
have been approved under OMB control number 0910-0120. The collections 
of information in ``Requests for Feedback on Medical Device 
Submissions: The Pre-Submission Program and Meetings with Food and Drug 
Administration Staff'' have been approved under OMB control number 
0910-0756.

VIII. References

    The following references are on display at the Dockets Management 
Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 
1061, Rockville, MD 20852, and are available for viewing by interested 
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also 
available electronically at https://www.regulations.gov. FDA has 
verified the website addresses, as of the date this document publishes 
in the Federal Register, but websites are subject to change over time.

1. MDUFA IV Commitment Letter, available at https://www.fda.gov/downloads/ForIndustry/UserFees/MedicalDeviceUserFee/UCM535548.pdf.
2. FDA Guidance for Industry and FDA Staff ``Requests for Feedback 
on Medical Device Submissions: The Pre-Submission Program and 
Meetings with Food and Drug Administration Staff'' dated September 
29, 2017, available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM311176.
3. FDA Guidance for Industry and FDA Staff ``Refuse to Accept Policy 
for 510(k)s'' dated January 30, 2018, available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM315014.
4. FDA Guidance for Industry and FDA Staff ``The 510(k) Program: 
Evaluating Substantial Equivalence in Premarket Notifications 
[510(k)]'' dated July 28, 2014, available at: https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM284443.

    Dated: October 17, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-23059 Filed 10-22-18; 8:45 am]
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                                                                            Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices                                          53483

                                               regarding whether the applicant for                     planning to achieve these goals through               Therefore, there is a need for a better
                                               extension acted with due diligence                      increased interactive engagement with                 understanding of premarket testing
                                               during the regulatory review period. To                 manufacturers of OCT devices. FDA                     expectations for OCT devices and
                                               meet its burden, the petition must                      intends to use the voluntary OCT 510(k)               dialogue between FDA and OCT
                                               comply with all the requirements of                     Pilot Program to assess whether the                   manufacturers in order to reduce the
                                               § 60.30, including but not limited to:                  individual testing recommendations                    need for additional data requests during
                                               Must be timely (see DATES), must be                     provided through the pre-submission                   the 510(k) submission review.
                                               filed in accordance with § 10.20, must                  process and increased interactive
                                                                                                       engagement improve the premarket                      II. Description of the Voluntary OCT
                                               contain sufficient facts to merit an FDA
                                                                                                       review process and reduce the overall                 510(k) Pilot Program
                                               investigation, and must certify that a
                                               true and complete copy of the petition                  total time to decision (TTD), a shared                   FDA intends to achieve the goals of
                                               has been served upon the patent                         FDA-industry commitment goal, in                      the voluntary OCT 510(k) Pilot Program,
                                               applicant. (See H. Rept. 857, part 1, 98th              support of the Medical Device User Fee                that are described in Section III, by: (1)
                                               Cong., 2d sess., pp. 41–42, 1984.)                      Amendments of 2017.                                   Communicating and obtaining feedback
                                               Petitions should be in the format                       DATES: FDA is seeking participation in                related to individual recommendations
                                               specified in 21 CFR 10.30.                              the voluntary OCT 510(k) Pilot Program                regarding non-clinical and clinical
                                                  Submit petitions electronically to                   beginning October 23, 2018. See the                   evaluation of OCT devices; and (2)
                                               https://www.regulations.gov at Docket                   ‘‘Voluntary OCT 510(k) Pilot Program                  facilitating discussion between FDA and
                                               No. FDA–2013–S–0610. Submit written                     Procedures’’ section for instructions on              individual OCT device manufacturers
                                               petitions (two copies are required) to the              how to submit a request to participate.               regarding these risk-based testing
                                               Dockets Management Staff (HFA–305),                     The voluntary OCT 510(k) Pilot Program                recommendations. Specifically,
                                               Food and Drug Administration, 5630                      will select the first nine eligible                   participants in the voluntary OCT
                                               Fishers Lane, Rm. 1061, Rockville, MD                   participants.                                         510(k) Pilot Program will have the
                                               20852.                                                  FOR FURTHER INFORMATION CONTACT: Brad
                                                                                                                                                             opportunity to discuss premarket
                                                 Dated: October 17, 2018.                              Cunningham, Center for Devices and                    performance testing recommendations
                                               Leslie Kux,                                             Radiological Health, Food and Drug                    for their OCT device in an interactive
                                                                                                       Administration, 10903 New Hampshire                   format (by phone or in-person meeting)
                                               Associate Commissioner for Policy.
                                                                                                       Ave., Bldg. 66, Rm. 2430, Silver Spring,              with the FDA review team, including
                                               [FR Doc. 2018–23057 Filed 10–22–18; 8:45 am]
                                                                                                       MD 20993, 301–796–6620, email:                        engineers, medical officers, and
                                               BILLING CODE 4164–01–P                                                                                        managers. FDA will interactively
                                                                                                       Bradley.Cunningham@fda.hhs.gov.
                                                                                                                                                             communicate and solicit feedback on its
                                                                                                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                             individual testing recommendations to
                                               DEPARTMENT OF HEALTH AND                                I. Background                                         yield a mutual, clear understanding of
                                               HUMAN SERVICES                                                                                                the information necessary to
                                                                                                          OCT devices are devices for viewing,
                                               Food and Drug Administration                            imaging, measurement, and analysis of                 demonstrate substantial equivalence in
                                                                                                       ocular structures and may be used to aid              a 510(k) submission for the OCT device
                                               [Docket No. FDA–2018–N–3623]
                                                                                                       in the detection and management of                    and to streamline 510(k) submission and
                                                                                                       various ocular diseases. These devices                review.
                                               Fostering Medical Innovation:                                                                                    Participation eligibility in this
                                               Voluntary Pilot Program To Streamline                   are classified under 21 CFR 886.1570
                                                                                                       and are assigned the product code OBO;                voluntary OCT 510(k) Pilot Program is
                                               Review of Premarket Notification                                                                              determined based on the factors listed
                                               (510(k)) Submissions for Ophthalmic                     they are Class II devices requiring
                                                                                                       premarket notification (510(k)) prior to              in Section IV. Due to resource
                                               Optical Coherence Tomography                                                                                  constraints, we intend to limit this
                                               Devices                                                 marketing. In their 510(k) submission,
                                                                                                       for purposes of premarket clearance,                  voluntary pilot program to the first nine
                                               AGENCY:    Food and Drug Administration,                manufacturers must demonstrate                        eligible participants.
                                               HHS.                                                    substantial equivalence to a legally                     To evaluate success of the voluntary
                                               ACTION:   Notice.                                       marketed predicate in terms of intended               OCT 510(k) Pilot Program, we intend to
                                                                                                       use, technological characteristics, and               assess 510(k) TTD and feedback on the
                                               SUMMARY:    The Food and Drug                           performance. This is typically achieved               pre-submission and 510(k) processes
                                               Administration’s (FDA) Center for                       through evaluation of non-clinical and/               from participants in the pilot program.
                                               Devices and Radiological Health, Office                 or clinical data, among other                            This voluntary pilot program is
                                               of Device Evaluation recognizes that an                 information.                                          limited to OCT devices, not already
                                               efficient, risk-based approach to                          Currently, there are no FDA-                       cleared for marketing through 510(k),
                                               regulating ophthalmic Optical                           recognized consensus standards or                     which could be classified under 21 CFR
                                               Coherence Tomography (OCT)                              published guidance documents                          886.1570.
                                               technology will foster innovation                       available that describe performance                   III. Goals of the Voluntary OCT 510(k)
                                               designed to improve ophthalmic                          testing recommendations for OCT                       Pilot Program
                                               healthcare. To make premarket review                    devices. As such, 510(k) submissions,
                                               of OCT devices more efficient, we are                   when initially submitted to FDA, often                  FDA has the following goals for the
                                               announcing a new voluntary OCT                          do not include adequate testing to                    voluntary OCT 510(k) Pilot Program:
                                               Premarket Notification (510(k)) Pilot                   support substantial equivalence. This is                1. Improve consistency and
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                                               Program, designed to develop and refine                 evidenced by consistent requests for                  predictability of the 510(k) premarket
                                               individual premarket testing                            additional information (including new                 review process for OCT devices.
                                               recommendations for OCT devices                         data and analyses) across OCT 510(k)                    2. Reduce TTD for OCT 510(k)
                                               through the pre-submission process to                   submissions, which are unforeseen by                  submissions, noting that ‘‘FDA and
                                               yield more consistent premarket                         manufacturers and may greatly                         applicants share the responsibility for
                                               submissions and improve predictability                  contribute to an increase in TTD for an               achieving this objective of reducing the
                                               of the 510(k) review process. We are                    individual 510(k) submission.                         average Total Time to Decision, while


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                                               53484                        Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices

                                               maintaining standards for safety and                    the manufacturer is enrolled as a                     stated in this guidance, ‘‘[a]n acceptance
                                               effectiveness’’ (Ref. 1).                               participant in the voluntary OCT 510(k)               review will only begin for 510(k)
                                                  3. Increase collaboration between                    Pilot Program. Based on the intended                  submissions for which the appropriate
                                               FDA and individual manufacturers to                     use and critical technological                        user fee has been paid and a validated
                                               refine non-clinical and/or clinical                     characteristics of the OCT device and                 eCopy has been received.’’ As
                                               testing recommendations.                                the proposed predicate device, provided               recommended in the guidance, the
                                                                                                       in the ‘‘statement of interest,’’ FDA also            510(k) should include a separate section
                                               IV. Participation Eligibility                           intends to provide initial feedback                   with information on the pre-submission
                                                 Eligibility for participation in the                  regarding testing (non-clinical and/or                under Section V.A., including the pre-
                                               voluntary OCT 510(k) Pilot Program will                 clinical) recommendations for the
                                                                                                                                                             submission number, a copy of the FDA
                                               be based on the following factors:                      specific OCT device.
                                                                                                          3. If eligible and enrolled as a                   feedback (e.g., letter, meeting minutes),
                                                 1. Intent to submit a Traditional
                                               510(k) for an OCT device, that could be                 participant, the OCT manufacturer                     and a statement of how or where in the
                                               classified under 21 CFR 886.1570,                       should subsequently, yet in a timely                  510(k) this prior feedback, including
                                               within 1 year of acceptance to the                      manner (e.g., three months from                       each of the testing recommendations,
                                               voluntary OCT 510(k) Pilot Program.                     notification of enrollment as a                       was addressed. Consistent with FDA’s
                                                 2. Commitment to support an                           participant), submit a pre-submission                 RTA policy as described in the
                                               interactive review process and to                       that includes applicable information                  guidance, FDA intends to complete the
                                               respond interactively and in a timely                   recommended in FDA’s Pre-submission                   acceptance review for the 510(k)
                                               manner, as requested, during the 510(k)                 guidance (Ref. 2), including specific                 submission within 15 calendar days.
                                               review, including response to any FDA                   questions for which the manufacturer is                  Once the OCT 510(k) has been
                                               requests for additional information.                    seeking FDA input, along with the                     accepted for review, FDA intends to
                                                 3. Based on pre-submission                            proposed testing plan for its OCT                     complete review of the 510(k)
                                               interactions, commitment to incorporate                 device, after considering FDA’s initial
                                                                                                                                                             submission within a TTD of 90 calendar
                                               FDA feedback, including                                 feedback, including recommendations,
                                                                                                                                                             days. To help achieve this, during the
                                               recommendations provided on the                         provided in response to the ‘‘statement
                                                                                                       of interest.’’                                        510(k) review, FDA intends to resolve
                                               testing plan, into the testing that will be                                                                   any identified deficiencies through an
                                               conducted to support the Traditional                       4. During the pre-submission phase of
                                                                                                       the pilot program, FDA intends to                     interactive process without placing the
                                               510(k) submission.
                                                                                                       provide feedback on the proposed                      OCT 510(k) submission on hold.
                                                 At its discretion, FDA may withdraw
                                               a manufacturer from the OCT 510(k)                      testing plan and any specific questions               Consistent with the participation
                                               Pilot Program for not carrying out any                  included in the pre-submission within                 eligibility factors under Section IV, FDA
                                               of the commitments mentioned                            35 calendar days. In addition, and if                 expects manufacturers to provide timely
                                               previously.                                             requested by the manufacturer, FDA                    responses to FDA in response to
                                                                                                       intends to schedule a meeting to occur                deficiencies identified as part of an
                                               V. Voluntary OCT 510(k) Pilot Program                   within one week after issuing feedback                interactive review process. To facilitate
                                               Procedures                                              to the manufacturer during the pre-                   FDA-industry interaction, we will
                                               A. Enrollment and Interaction for OCT                   submission phase to clarify or discuss                provide a ‘‘point of contact’’ to ensure
                                               Pre-submission                                          alternative testing approaches. As a goal             open, continual interaction during the
                                                                                                       of the pilot program is to positively                 review process. Through the ‘‘point of
                                                  To be considered for the voluntary                   impact and reduce TTD for OCT 510(k)
                                               OCT 510(k) Pilot Program, an OCT                                                                              contact’’ person, the participants will be
                                                                                                       submissions, FDA expects that the OCT                 able to communicate with the FDA
                                               device manufacturer should submit a                     manufacturer will implement the testing
                                               ‘‘statement of interest’’ for participation                                                                   review team (which intends to respond
                                                                                                       plan, including any modifications to the
                                               to bradley.cunningham@fda.hhs.gov.                                                                            within two business days) to
                                                                                                       plan based on feedback and dialogue,
                                               The ‘‘statement of interest’’ should                    discussed during this pre-submission                  expeditiously address any issues related
                                               include the following: (1)                              phase, during development of the 510(k)               to the 510(k) submission. FDA will
                                               Manufacturer’s name and contact                         submission. FDA welcomes feedback on                  evaluate the 510(k) consistent with
                                               information; (2) explanation of why the                 our testing recommendations as part of                existing 510(k) review processes and
                                               manufacturer believes it meets the                      the voluntary OCT 510(k) Pilot Program.               procedures, including those outlined in
                                               participation eligibility factors outlined              We recognize that manufacturers may                   FDA’s 510(k) Program Guidance (Ref. 4).
                                               in Section IV; and (3) the intended use                 propose appropriate alternatives to FDA               C. Assessment of the Voluntary OCT
                                               (including indications for use) and                     recommendations, and we intend to
                                               critical technological characteristics of                                                                     510(k) Pilot Program
                                                                                                       provide feedback on any proposed
                                               the OCT device for which a Traditional                  alternatives in the context of a pre-                    Following completion of the review of
                                               510(k) will be submitted under the pilot                submission submitted per Section V.A.,                510(k)s in the voluntary OCT 510(k)
                                               program as well as the proposed                         as part of the pilot program.                         Pilot Program, participating
                                               predicate device.                                                                                             manufacturers will have the opportunity
                                                  The following captures the process for               B. Refuse To Accept (RTA) and
                                                                                                       Substantive 510(k) Review for OCT                     to provide individual feedback on the
                                               the enrollment and pre-submission
                                                                                                       510(k)s                                               voluntary OCT 510(k) Pilot Program and
                                               phase of the voluntary OCT 510(k) Pilot
                                                                                                         Once the 510(k) for an OCT device                   its impact on consistency and
                                               Program:
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                                                  1. Upon receiving a ‘‘statement of                   enrolled in the voluntary OCT 510(k)                  predictability of the 510(k) review
                                               interest,’’ FDA will determine eligibility              Pilot Program is received by FDA, it will             process and FDA/manufacturer
                                               based on the factors outlined in Section                be screened to assess whether it meets                collaboration during the pilot program.
                                               IV.                                                     a minimum threshold of acceptability                  FDA intends to solicit feedback from
                                                  2. FDA intends to notify the                         for substantive review, as described in               pilot program participants electronically
                                               manufacturer via email whether the                      FDA’s guidance on its Refuse to Accept                through an email questionnaire. TTD
                                               manufacturer is eligible and/or whether                 (RTA) Policy for 510(k)s (Ref. 3). As                 will also be evaluated.


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                                                                            Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices                                         53485

                                               VI. Duration of the OCT 510(k) Pilot                          GuidanceDocuments/UCM284443.                    comment will be made public, you are
                                               Program                                                   Dated: October 17, 2018.                            solely responsible for ensuring that your
                                                  FDA intends to accept requests for                   Leslie Kux,                                           comment does not include any
                                               participation in the voluntary OCT                      Associate Commissioner for Policy.
                                                                                                                                                             confidential information that you or a
                                               510(k) Pilot Program from the date of                                                                         third party may not wish to be posted,
                                                                                                       [FR Doc. 2018–23059 Filed 10–22–18; 8:45 am]
                                               publication in the Federal Register                                                                           such as medical information, your or
                                                                                                       BILLING CODE 4164–01–P
                                               through one year, or until the time when                                                                      anyone else’s Social Security number, or
                                               a total of nine participants have been                                                                        confidential business information, such
                                               enrolled.                                                                                                     as a manufacturing process. Please note
                                                                                                       DEPARTMENT OF HEALTH AND
                                                                                                                                                             that if you include your name, contact
                                               VII. Paperwork Reduction Act of 1995                    HUMAN SERVICES
                                                                                                                                                             information, or other information that
                                                 This notice refers to previously                      Food and Drug Administration                          identifies you in the body of your
                                               approved collections of information                                                                           comments, that information will be
                                                                                                       [Docket No. FDA–2014–N–1533]                          posted on https://www.regulations.gov.
                                               found in FDA regulations and guidance.
                                               These collections of information are                                                                            • If you want to submit a comment
                                                                                                       Agency Information Collection                         with confidential information that you
                                               subject to review by the Office of                      Activities; Proposed Collection;
                                               Management and Budget (OMB) under                                                                             do not wish to be made available to the
                                                                                                       Comment Request; National Panel of                    public, submit the comment as a
                                               the Paperwork Reduction Act of 1995                     Tobacco Consumer Studies
                                               (44 U.S.C. 3501–3520). The collections                                                                        written/paper submission and in the
                                               of information in 21 CFR part 807,                      AGENCY:    Food and Drug Administration,              manner detailed (see ‘‘Written/Paper
                                               subpart E have been approved under                      HHS.                                                  Submissions’’ and ‘‘Instructions’’).
                                               OMB control number 0910–0120. The                       ACTION:   Notice.                                     Written/Paper Submissions
                                               collections of information in ‘‘Requests                                                                         Submit written/paper submissions as
                                               for Feedback on Medical Device                          SUMMARY:    The Food and Drug
                                                                                                       Administration (FDA, Agency, or we) is                follows:
                                               Submissions: The Pre-Submission                                                                                  • Mail/Hand delivery/Courier (for
                                               Program and Meetings with Food and                      announcing an opportunity for public
                                                                                                                                                             written/paper submissions): Dockets
                                               Drug Administration Staff’’ have been                   comment on the proposed collection of
                                                                                                                                                             Management Staff (HFA–305), Food and
                                               approved under OMB control number                       certain information by the Agency.
                                                                                                                                                             Drug Administration, 5630 Fishers
                                               0910–0756.                                              Under the Paperwork Reduction Act of
                                                                                                                                                             Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                       1995 (PRA), Federal Agencies are                         • For written/paper comments
                                               VIII. References                                        required to publish notice in the                     submitted to the Dockets Management
                                                 The following references are on                       Federal Register concerning each                      Staff, FDA will post your comment, as
                                               display at the Dockets Management Staff                 proposed collection of information,                   well as any attachments, except for
                                               (HFA–305), Food and Drug                                including each proposed extension of an               information submitted, marked and
                                               Administration, 5630 Fishers Lane, Rm.                  existing collection of information, and               identified, as confidential, if submitted
                                               1061, Rockville, MD 20852, and are                      to allow 60 days for public comment in                as detailed in ‘‘Instructions.’’
                                               available for viewing by interested                     response to the notice. This notice                      Instructions: All submissions received
                                               persons between 9 a.m. and 4 p.m.,                      solicits comments on the National Panel               must include the Docket No. FDA–
                                               Monday through Friday; they are also                    of Tobacco Consumer Studies.                          2014–N–1533 for ‘‘Agency Information
                                               available electronically at https://                    DATES: Submit either electronic or                    Collection Activities; Proposed
                                               www.regulations.gov. FDA has verified                   written comments on the collection of                 Collection; Comment Request; National
                                               the website addresses, as of the date this              information by December 24, 2018.                     Panel of Tobacco Consumer Studies.’’
                                               document publishes in the Federal                       ADDRESSES: You may submit comments                    Received comments, those filed in a
                                               Register, but websites are subject to                   as follows. Please note that late,                    timely manner (see ADDRESSES), will be
                                               change over time.                                       untimely filed comments will not be                   placed in the docket and, except for
                                               1. MDUFA IV Commitment Letter, available                considered. Electronic comments must                  those submitted as ‘‘Confidential
                                                   at https://www.fda.gov/downloads/                   be submitted on or before December 24,                Submissions,’’ publicly viewable at
                                                   ForIndustry/UserFees/                               2018. The https://www.regulations.gov                 https://www.regulations.gov or at the
                                                   MedicalDeviceUserFee/UCM535548.pdf.
                                               2. FDA Guidance for Industry and FDA Staff
                                                                                                       electronic filing system will accept                  Dockets Management Staff between 9
                                                   ‘‘Requests for Feedback on Medical                  comments until 11:59 p.m. Eastern Time                a.m. and 4 p.m., Monday through
                                                   Device Submissions: The Pre-                        at the end of December 24, 2018.                      Friday.
                                                   Submission Program and Meetings with                Comments received by mail/hand                           • Confidential Submissions—To
                                                   Food and Drug Administration Staff’’                delivery/courier (for written/paper                   submit a comment with confidential
                                                   dated September 29, 2017, available at              submissions) will be considered timely                information that you do not wish to be
                                                   https://www.fda.gov/MedicalDevices/                 if they are postmarked or the delivery                made publicly available, submit your
                                                   DeviceRegulationandGuidance/                                                                              comments only as a written/paper
                                                   GuidanceDocuments/UCM311176.
                                                                                                       service acceptance receipt is on or
                                               3. FDA Guidance for Industry and FDA Staff              before that date.                                     submission. You should submit two
                                                   ‘‘Refuse to Accept Policy for 510(k)s’’                                                                   copies total. One copy will include the
                                                                                                       Electronic Submissions                                information you claim to be confidential
                                                   dated January 30, 2018, available at
                                                   https://www.fda.gov/MedicalDevices/                   Submit electronic comments in the                   with a heading or cover note that states
                                                   DeviceRegulationandGuidance/                        following way:                                        ‘‘THIS DOCUMENT CONTAINS
khammond on DSK30JT082PROD with NOTICES




                                                   GuidanceDocuments/UCM315014.                          • Federal eRulemaking Portal:                       CONFIDENTIAL INFORMATION.’’ The
                                               4. FDA Guidance for Industry and FDA Staff              https://www.regulations.gov. Follow the               Agency will review this copy, including
                                                   ‘‘The 510(k) Program: Evaluating                    instructions for submitting comments.                 the claimed confidential information, in
                                                   Substantial Equivalence in Premarket
                                                   Notifications [510(k)]’’ dated July 28,             Comments submitted electronically,                    its consideration of comments. The
                                                   2014, available at: https://www.fda.gov/            including attachments, to https://                    second copy, which will have the
                                                   MedicalDevices/                                     www.regulations.gov will be posted to                 claimed confidential information
                                                   DeviceRegulationandGuidance/                        the docket unchanged. Because your                    redacted/blacked out, will be available


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Document Created: 2018-10-23 04:14:43
Document Modified: 2018-10-23 04:14:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesFDA is seeking participation in the voluntary OCT 510(k) Pilot Program beginning October 23, 2018. See the ``Voluntary OCT 510(k) Pilot Program Procedures'' section for instructions on how to submit a request to participate. The voluntary OCT 510(k) Pilot Program will select the first nine eligible participants.
ContactBrad Cunningham, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 2430, Silver Spring, MD 20993, 301-796- 6620, email: [email protected]
FR Citation83 FR 53483 

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